Tasmanian Labor leader criticised for threatening legal action over sexual harassment allegations before apology

Mr O’Byrne announced on Wednesday he was stepping aside from his role while Labor investigated a complaint from one of his former employees at the Liquor, Hospitality and Miscellaneous Union about alleged behaviours in 2007 and 2008.

The complainant – who was 22 at the time – alleged Mr O’Byrne sent inappropriate text messages, twice kissed her without consent outside of work, then gave her a verbal warning regarding her performance when she asked him to stop.

On Wednesday, Mr O’Byrne apologised to the woman publicly, and in a private letter, and thanked her for coming forward.

Mr O’Byrne said he had thought the “kiss and text exchanges” were consensual at the time but now realised that was not the case.

“This matter has caused me to reflect deeply on the nature of consent, and I’ve come to appreciate why the person concerned says our interactions were not consensual,” he said.

Greens question O’Byrne’s apology

In parliament on Thursday, Greens MP Rosalie Woodruff said it was “very hard to believe the veracity of the statement that he made, given that Mr O’Byrne’s first response was to threaten the ABC with a legal case”.

“I don’t think there’s anything genuine when he thanked her for her strength in bringing this issue to light,” Dr Woodruff said.

“Nowhere in Mr O’Byrne’s statement is there an unreserved apology for the abuse of his power over a young, female junior employee.

“Young women all too often remain silent in workplace situations, or apparently consent to sexual harassment … because they fear reprisal. That’s exactly what happened in this situation.”

Writing in his newsletter, former state Labor MP Julian Amos said Mr O’Byrne’s chances of retaining the leadership were “zip”.

“He must know his position is untenable,” Mr Amos said.

“If he doesn’t resign, the National Executive will have no option but to step in and take appropriate action. They may wish to address the fact that the state president is in a similar situation while they are about it.”

Tasmanian Labor president Ben McGregor has stood aside from his role pending an investigation into a complaint made about inappropriate texts he sent seven years ago.

The Parliamentary Labor Party moved a motion of no-confidence in Mr McGregor for threatening to sue former Labor leader Rebecca White during the state election campaign.

O’Byrne replaced on parliamentary committee

Mr O’Byrne was part of a parliamentary committee examining the parliament’s culture but told members on Tuesday that Labor deputy leader Anita Dow would take his place.

Nelson independent MLC Meg Webb, who proposed the review, said Mr O’Byrne’s behaviour was “highly disappointing”.

“How we respond to disclosures or allegations of this kind can be very telling,” Ms Webb said.

“I’m saddened to note that denials and resorting to legal threats appear to be becoming common approaches in the political sphere, where instead we should be demonstrating leadership and honesty.” 

The cultural review’s working group will meet on Thursday.

“Harassment is still far too prevalent across all workplaces, including in politics, and that’s why we have to see the review of parliamentary workplace culture progressed as quickly as possible,” Ms Webb said.

The status of Labor’s investigation into the complaint against Mr O’Byrne is not clear. 

Ms Dow will be acting leader while it is under way.

Tasmanian Labor secretary Stuart Benson said: “The Labor Party does not confirm any matters relating to [code of conduct policies] as there are strict confidentiality clauses to which I adhere.

“For respect for the process, for confidentiality and for natural justice I will be adhering to our policy and therefore will not be making any further comment regarding this investigation.”