Michael Jones used whistleblower laws and an alleged breach of contract to temporarily prevent the Brumbies' board from standing him down.



The blowtorch is set to be turned on the ACT Brumbies board this week after one of the most dramatic days in the Super Rugby club's history with chief executive Michael Jones successful in gaining an injunction to allow him to return to work.

Jones will arrive at Brumbies headquarters on Wednesday morning to resume his role less than 48 hours after being stood down by the board in the wake of a radio interview on the weekend, during which he warned, "if I go to war, it's going to get ugly".

Jones used whistleblower laws and an alleged breach of contract to temporarily prevent the Brumbies' board from standing him down.

It is set to ignite an off-field war involving Jones, the Brumbies board and the University of Canberra.

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It's understood Brumbies staff were told on Tuesday that the search for a new chief executive would start and Jones would not return.

ARU boss Bill Pulver, Brumbie chairman Robert Kennedy and ACT Chief Minister Andrew Barr met on Monday at Kennedy's request to discuss Jones' future and the club' financial stability. It's understood assurances were given the Brumbie would have access to financial help.

But in a twist, Jones' lawyers launched an urgent application in the ACT Supreme Court on Tuesday afternoon, following the Brumbies dramatic decision to stand him down on Monday night. Legal battles are set to draw out for months as the Brumbies try to focus on winning games on the field and aiming for a drought-breaking title, starting with a match against the Free State Cheetahs in South Africa on Sunday morning.

Jones walked out of the courtroom and said: "I'm happy to be going back to work" and it's understood he will attempt to return to business as usual.

The back-room tension, which has been simmering for months and stems from the Australian Federal Police investigation into transactions at the club between 2009-2013, threatens to cause major rifts.

The drama will continue for at least another week with Jones' case against the Brumbies and five other respondents to continue on Tuesday, March 29.

The Brumbies' board has held several meetings in recent weeks where Jones' tenure and possible termination was discussed.

But it is believed the Brumbies cannot afford to foot the bill of any payout if the club sacked Jones.

RUMOURS

Jones felt he had become the victim of rumours and pressure emanating from the AFP investigation, and stood by his efforts in trying to turn the Brumbies' finances around.

On Tuesday, Jones' lawyer Wayne Sharwood​ applied for an injunction against "detrimental action" under the ACT's public interest disclosure laws.

Those laws protect people who make disclosures in the public interest. The nature of the disclosure was not detailed in court, however, Jones has previously referred concerns about past financial transactions relating to the sale of the club's former Griffith headquarters to police.

Jones' application said he had made a disclosure, and that a number of respondents – including the Brumbies and the University of Canberra – had taken "detrimental action" against him.

His application also argued the Brumbies had breached their contract with him.

He asked the court to intervene to temporarily remedy the situation, including by preventing the Brumbies from standing him down.

Jones' case, heard by Justice Richard Refshauge​ on Tuesday, was successful. Lawyers for the Brumbies did not appear to argue against the application.

Outside court, Jones said he was "happy that I'm going back to work".

"This shouldn't have happened and I want to focus on the footy and beating the Cheetahs this weekend," he said.

His claim also makes allegations of detrimental action by University of Canberra vice-chancellor Stephen Parker, the University of Canberra Union, Joe Roff, and David Lamont.

Jones successfully restrained any of those individuals from talking to the Brumbies or the board about him, his employment, or an email sent in November last year, which referred to his complaint to police.

AGGRESSIVE

The court heard Parker had threatened Jones with defamation action, but had brought nothing to court.

Sharwood said there had been a "fairly concentrated" and "aggressive" campaign against Jones on that issue.

The court also heard that Parker had declined to accept invitations to any functions where Jones was present.

The Brumbies board stood down Jones on Monday in the wake of the chief executive's very public broadside against his critics on Saturday.

The ARU could offer financial assistance if it was decided the club would sack Jones, given the Brumbies reported a A$1.68 million (NZ$ 1.89 million) loss last year and cash reserves have dwindled in recent years.

There have already been whispers of plans for leadership beyond Jones' tenure, with speculation that former Brumby and Wallaby Roff could be moved into a head of rugby position while Canberra FM boss Eoghan​ O'Byrne or former Brumbies general manager Michael Thomson are also reported options.