'which Bank' Hit With $11m Suit

THE Commonwealth Bank is facing an $11 million lawsuit in a case that alleges bullying and harassment in the highly paid but cutthroat world of "mobile lending".

One of the highest-paid mobile bankers in Australia, earning $71,000 in salary but up to $300,000 a year in bonuses, has alleged she was singled out for unfair treatment.

In sworn affidavits and a statement of claim, Linda Yousif has said her relationship with her bosses deteriorated to the point that she tried to move to another position in the bank.

She claims her regional manager, who allegedly stood to lose bonuses if she moved, pressured her to stay then said her career would be destroyed if she didn't change her mind.

In an affidavit, Ms Yousif said that because she stood her ground, her performance rating was downgraded, her personal bank account was twice accessed by her boss, and an investigation began that led to threats to dismiss her.

Ms Yousif, paid big bonuses because she signed up new home loan customers faster than colleagues, has been on stress leave since March. She is being paid her base salary but says a bonus of about $70,000 has been withheld.

She is still officially employed after Federal Court judge Justice Gray prevented the bank from sacking her.

"What the bank is doing is all too common," said Ms Yousif's lawyer, Alan McDonald. "As soon as someone complains, they attack them."

The problem began last August when Ms Yousif, who was bringing in close to $4 million a week in new home loans, requested more administrative support but was knocked back.

She also refused to pass work to colleagues, saying each lender was encouraged to treat their job like a business and enjoy the uncapped potential earnings from a sliding scale of bonuses.

Ms Yousif applied to move to another region, but stayed after assurances of more support.

She said one of her bosses, regional general manager Richard Porter, was allocating work away from her because her performance was exceeding that of another mobile banker whom Mr Porter allegedly favoured.

Mr Porter told The Sunday Age that assertion was "absolutely wrong", and a bank spokesman said Ms Yousif's complaints "are not sustained".

Last December, the dispute flared again when Ms Yousif snared a client worth $250 million a year. But her supervisors, saying she had enough work, tried to send some of the work to other bankers, reducing her potential bonus pool.

Ms Yousif again applied to move. She won a new job, but says Mr Porter lobbied her to stay, calling her every night for a week. On January 23, after she said she was determined to move, in another late-night phone call Mr Porter allegedly said: "If you leave my region, your career with the bank will be over . . . Circle today's date in your calendar and your career will be finishing here."

The following day, the job she had been offered was withdrawn. The bank claims an administrative oversight and that the job offer should not have been made.

Ms Yousif appealed to the bank's chief executive, Ralph Norris, who referred the case to the human resources department. An investigation found that Mr Porter had not bullied Ms Yousif.

The investigation recommended she be disciplined for writing a separate letter that was "inappropriate and threatening" to management.

Two weeks after she missed out on the job, Ms Yousif's performance review was downgraded from an "exceptional" or "exceeds expectations" to "needs improvement".

Her immediate boss, Cameron McKinnon, allegedly told her: "You've been trying to move out of my management for two months." The internal review said the downgrade was because of her "behaviours".

Bank documents confirm that after midnight one morning in April, Mr McKinnon clicked in to her bank account. The bank said it was an "accident".

The bank has also reviewed Ms Yousif's lending practices and claims to have discovered a number of breaches of policy, which could lead to her sacking.

A bank spokesman said Ms Yousif's performance had been marked down because of "complaints from customers, colleagues and from other internal areas", and it "predated her complaint to the CEO and her raising any of these allegations".

The bank would be "defending its position in court", a spokesman said.

Mr Porter said: "I have always been very, very supportive, extremely supportive, and extremely concerned about this particular lady's personal wellbeing".

Mr McDonald said $11 million was the amount she should have been able to earn over a long career with the bank.