Testimonials from Former Staff
During the final year of Lentils, there was a huge outpour of concern and testimonials from volunteers all across the Lentils family regarding the chaos and harassment brought on by Mr Komesaroff and his daughter Ms Frida Komesaroff, and his friends Mr Charith *** and Mr Rob Wood. These staff and management testimonials offer an expose into the experiences and perspectives that give a clearer image of the unfolding situation.
Despite the deep harassment and bullying and the struggles of the distressing year for Mr Fernando, these testimonials show the overwhelming and inspirational level of support from the rest of the Board as well as the wider Lentils community.
Here is an email extract from Mr Shanti Rubens following the public release of the allegations against Mr Fernando. It details the stance taken by the company as a whole at the time.
From: Shanti Rubens <shanti@rubens.com.au>
Date: 21 July 2021 at 1:13:39 pm AEST
To: Megan Evans <m.evans@lentilasanything.com>, editors - Ilura Press <editors@ilurapress.com>
Cc: Alex Pavlotski <a.pavlotski@gmail.com>, Shanaka Fernando <shanaka.lentil@gmail.com>, matt pettit <matt.pettit@lentilasanything.com>, Abigael Ogada-Osir <a.ogadaosir@gmail.com>, Debbi Long <debbi.long08@gmail.com>
Subject: Re: Detailed Lentil Response / PR Advice
Hi All
I agree with Meg. Keep the audience for this small and push the good news stories.
I attach an edited version in Word with changes from the earlier draft tracked:
2021-07-21 Response to The Age Article DRAFT EDITED BY SR.docx
It now reads as follows:
Dear Friends of Lentil
On the 6th of May this year The Age newspaper published allegations against Shanaka Fernando, Lentil’s Founder. It has been determined that there is no basis for the claims.
The allegations come from a small group of detractors and a forensic accounting report which was not made available to Mr. Fernando or the Lentil as Anything board. The Age article included a salacious headline, that Lentil’s founder is “suspected of serious misconduct”. This is not borne out by the details in the article itself, which merely reports on allegations from a secret report.
In response to the article, our accounting team has conducted a detailed and thorough reconciliation of Shanaka's entitlements and can confirm conclusively that there is no basis for the suspicions he received personal financial gains from the charity, as suggested in The Age.
We reassure you that Lentil is in good hands, and following a board upheaval that occurred last November, a new board is in place. The refreshed board is working closely with employees, volunteers and the community to build on Lentil's 20-year legacy with renewed vigour and continues to support Shanaka’s vision for inclusive governance.
The team at Lentil would like to address the concerns raised in the article and provide a factual account of the issues.
Early last year, Lentil was under financial pressure with undischarged superannuation obligations and a complaint by FairWork. The complaint arose because the company had inadvertently paid staff under the award that applies to hospitality staff rather than restaurant staff.
In response to these pressures, the other two board members sought to remove Shanaka Fernando from his role in the organisation and instead replace him with two executive managers and implement a managerial plan.
This managerial plan was rejected by Lentil employees and volunteers who continued to support Shanaka’s vision for inclusive and non-hierarchical management.
The former board members then sought to put the company into the hands of an external administrator rather than putting energy into a financial rescue.
Stepping up and taking the initiative, the Lentil staff launched a successful fundraising campaign to save Lentil. The campaign raised over $400,000 from the community. Generosity from the community has given Lentil the lifeline it needed to continue operating, and we are extremely grateful for the outpouring of appreciation for Lentil.
A new governing board was appointed in November of last year with Shanaka Fernando as the only continuing board member. The new board has the full support of Lentil's employees, volunteers and founding members.
Before resigning, former board members had lost the trust and confidence of Lentil's team of employees and volunteers and also its founding members, including Shanaka Fernando, who had asked them to resign and conduct a democratic process to appoint new management. They initially resisted this request and were seeking support for their continued management and control of the organisation and the removal of Shanaka. It is in this context that the former board members commissioned a secret forensic accounting report.
Despite reaching out to a variety of individuals and agencies, the current board has not seen the report that was provided to The Age. The board has also requested a copy of the report from The Age, provided financial records and offered statements and interview time to address the published allegations. The Age article was not fair or balanced and it fails to take into account evidence which disproves allegations against Shanaka.
As Lentil’s founder, Shanaka has taken on substantive legal and financial responsibility over the last two decades to share his vision of access and social justice with the community. Many times over the years, he has passed on his own entitlements to meet the needs of others. He has the support of the Lentil family and the current board.
The current board is committed to ensuring concerns raised in the report around governance are properly addressed. We want to assure you that Lentil is working towards the sustainability of our vision. We are a registered charity. We take equity, fairness and access very seriously. Donations to Lentil As Anything are tax-deductible as the Australian taxation office has granted it deductible gift recipient status.
All four of our restaurants in Abbotsford, St Kilda, Thornbury and Newtown in New South Wales will be open again after the Covid lockdown, and we invite you for a meal.
It’s pay-as-you-feel to eat at Lentil as Anything, and everyone is welcome. We rely entirely on donations of time, effort and money to continue this service. We would like to thank you for your ongoing support and are constantly humbled by the goodwill of our patrons. We welcome your questions and hope to continue to spread the message of generosity and kindness that has been at the heart of this enterprise since its beginnings.
It takes a lot of effort and imagination to change the world. Lentil is a case study in generosity and sharing. Thank you for being part of our project in imagining a better world.
Regards
Mr Shanti Rubens
Director | Rubens Legal
Mobile 0403 245 642 | Phone 1300 465 342
shanti@rubens.com.au | www.rubens.com.au
1/48 Orrong Crescent | Caulfield North VIC 3161 | Australia
Liability limited by a scheme approved under Professional Standards Legislation
Here is a heartfelt and beautiful piece written by Mr Alex Pavlotski, a Director of Lentils during its final period. It specifies the fact that Mr Komesaroff took the funds against the consent of the wide company and essentially used it as a way to fabricate evidence and attack Mr Fernando, and harm the name of Lentils as a whole.
From: Alex Pavlotski <a.pavlotski@gmail.com>
Sent: Tuesday, 20 July 2021, 09:51
To: Shanti Rubens
Cc: editors - Ilura Press; Abigael Ogada-Osir; Megan Evans; matt pettit; Debbi Long; Shanaka Fernando
Subject: Re: Detailed Lentil Response / PR Advice
Woops, missed, Shanti's point and last paragraph - an update: Dear friends of Lentil, It takes a lot of imagination to change the world. A lot of people couldn't imagine that empathy could feed people, or keep an enterprise afloat. For 20 years Lentil as Anything has demonstrated that you can. Lentil offers an alternative model of economics based on mutual exchange and functioning altruism. We are a charity, we are a restaurant, we are a community. Our access to leadership has always been based on good faith. Unfortunately, that faith has not always been rewarded. A small group of detractors inside our previous board of operations took money out of the Lentil payroll to commission a forensic accounting report. This report was/is not made available to the Lentil as Anything board. Legal action was taken to make sure that we cannot review this report, commissioned by Lentil money. This mysterious document was used to generate allegations against the founder of Lentil, Mr Fenando. Mr Fenando was charged with inappropriate use of funds to the tune of eight thousand dollars. He has offered to make his bank account details public. The Lentil community stands behind Mr Fernando,. Before resigning, former board members had lost the trust and confidence of Lentil's team of employees and volunteers and also its founding members, including Shanaka, who had asked them to resign and conduct a democratic process to appoint new management. They initially resisted this request and were seeking support for their continued management and control of the organisation and the removal of Shanaka. It is in this context that the former board members commissioned a forensic accounting report. The report that made these charges was paid with Lentil as Anything funds without the approval of the Lentil community and staff. The cost of this report was multitudes more than the 'discrepancy' this report claims to find. Worse yet, the lentil board and current staff don't know what this report contains. Our staff have missed out on pay because of the costs of this investigation. Despite a variety of legal efforts to obtain the repart, nobody at lentil has been allowed to see the details of the allegations we are charged with today. An article in The Age became a catalyst for accusations. The article included a salacious headline, not borne out by the details in the article itself, and reported on unsubstantiated allegations. We are writing to reassure you that Lentil is in good hands, and following a board upheaval that occurred last November, a new board is in place. We are working closely with employees, volunteers and the community to build on Lentil's 20-year legacy with renewed vigour. We continue to support Shanaka’s vision for inclusive governance. The team at Lentil would like to address the concerns raised in the article and provide a factual account of the issues. Our team is made up of volunteers. Some of Australia's most noted chefs, refugees and talented citizens. Our kitchens are driven by participants and managed with the best of care, in the best of faith. This mutual generosity has been used against us. Our volunteer model makes payment systems difficult. We don't rely on a punch-pin clock to track our staff incomes. We invite people to volunteer and we pay our staff, but community always leads the way. Early last year, we were presented with a Superannuation complaint. The complaint arose because the company had inadvertently paid staff under the award that applies to hospitality staff rather than restaurant staff. In response to these pressures, the other two board members sought to remove Shanaka Fernando from his role in the organisation and instead replace him with two executive managers. In the best case, these complaints were driven by a lack of imagination in relation to Letil's vision. In the worst case, these were malicious actions. This plan was rejected by Lentil employees and volunteers who continue to support Shanaka’s vision for an inclusive management team. The former board members then sought to put the company into the hands of an external administrator rather than take the risk of continuing to trade. Instead, the Lentil staff launched a successful fundraising campaign to save Lentil. The campaign raised over $400,000 from the community. Generosity from the community has given Lentil the lifeline it needed to continue operating, and we are extremely grateful for the outpouring of appreciation for Lentil. A new governing board was appointed in November of last year with Shanaka Fernando as the only continuing board member. The new board has the full support of Lentil's employees and volunteers. Despite reaching out to a variety of individuals and agencies, the current board has not seen the report that was provided recently to The Age. The board has also requested a copy of the report from The Age, provided financial records and offered statements and interview time to address the published allegations. Our accounting team has conducted a detailed and thorough reconciliation of Shanaka's entitlements and can confirm conclusively that he has not been overpaid as suggested in The Age. Sadly, we have yet to see the report that has stirred up this controversy. In the view of the current board, Shanaka has taken on substantive legal and financial responsibility over the last two decades to share his vision of access and social justice with the community. Many times over the years, he has passed on his own entitlements to meet the needs of others. He has the support of the Lentil family and the current board. The current board is committed to ensuring concerns raised in the report around governance are properly addressed. We want to assure you that Lentil is working towards the sustainability of our vision. We are a registered charity. We take equity, fairness and access very seriously. Donations to Lentil As Anything are tax-deductible as the Australian taxation office has granted it deductible gift recipient status. All four of our restaurants in Abbotsford, St Kilda, Thornbury and Newtown in New South Wales will be open again after the Covid lockdown, and we invite you for a meal. It’s pay-as-you-feel to eat at Lentil as Anything, and everyone is welcome. We rely entirely on donations of time, effort and money to continue this service. We would like to thank you for your ongoing support and are constantly humbled by the goodwill of our patrons. We welcome your questions and hope to continue to spread the message of generosity and kindness that has been at the heart of this enterprise since its beginnings. It takes a lot of effort and imagination to change the world. Lentil is a case study in generosity and sharing. Thank you for being part of our project in imagining a better world. On Tue, Jul 20, 2021 at 4:45 PM Alex Pavlotski wrote: > > Hi Folks, > > I recon Allies version is pretty right, This is a lightly rephrased variation: > > Dear friends of Lentil, > > It takes a lot of imagination to change the world. A lot of people couldn't imagine that empathy could feed people, or keep an enterprise afloat. For 20 years Lentil as Anything has demonstrated that you can. Lentil offers an alternative model of economics based on mutual exchange and functioning altruism. We are a charity, we are a restaurant, we are a community. > > Our access to leadership has always been based on good faith. Unfortunately, that faith has not always been rewarded. > > A small group of detractors inside our previous board of operations took money out of the Lentil payroll to commission a forensic accounting report. This report was/is not made available to the Lentil as Anything board. Legal action was taken to make sure that we cannot review this report, commissioned by Lentil money. This mysterious document was used to generate allegations against the founder of Lentil, Mr Fenando. Mr Fenando was charged with inappropriate use of funds to the tune of eight thousand dollars. He has offered to make his bank account details public. The Lentil community dtands behind Mr Fernando, > > The report that made these charges was paid with Lentil as Anything funds without the approval of the Lentil community and staff. The cost of this report was multitudes more than the 'discrepancy' this report claims to find. Worse yet, the lentil board and current staff don't know what this report contains. Our staff have missed out on pay because of the costs of this investigation. Despite a variety of legal efforts to obtain the repart, nobody at lentil has been allowed to see the details of the allegations we are charged with today. > > An article in The Age became a catalyst for accusations. The article included a salacious headline, not borne out by the details in the article itself, and reported on unsubstantiated allegations. We are writing to reassure you that Lentil is in good hands, and following a board upheaval that occurred last November, a new board is in place. We are working closely with employees, volunteers and the community to build on Lentil's 20-year legacy with renewed vigour. We continue to support Shanaka’s vision for inclusive governance. > > The team at Lentil would like to address the concerns raised in the article and provide a factual account of the issues.Our team is made up of volunteers. Some of Australia's most noted chefs, refugees and talented citizens. Our kitchens are driven by volunteers and organised with the best of care, in the best of faith. > > This mutual generosity has been used against us. Our volunteer model makes payment systems difficult. We don't rely on a punch-pin clock to track our staff incomes. We invite people to volunteer and we pay our staff, but community always leads the way. Early last year, we were presented with a Superannuation complaint. The complaint arose because the company had inadvertently paid staff under the award that applies to hospitality staff rather than restaurant staff. In response to these pressures, the other two board members sought to remove Shanaka Fernando from his role in the organisation and instead replace him with two executive managers. In the best case, these complaints were driven by a lack of imagination in relation to Letil's vision. In the worst case, these were malicious actions. > > This plan was rejected by Lentil employees and volunteers who continue to support Shanaka’s vision for an inclusive management team. The former board members then sought to put the company into the hands of an external administrator rather than take the risk of continuing to trade. > > Instead, the Lentil staff launched a successful fundraising campaign to save Lentil. The campaign raised over $400,000 from the community. Generosity from the community has given Lentil the lifeline it needed to continue operating, and we are extremely grateful for the outpouring of appreciation for Lentil. > > A new governing board was appointed in November of last year with Shanaka Fernando as the only continuing board member. The new board has the full support of Lentil's employees and volunteers. > > Despite reaching out to a variety of individuals and agencies, the current board has not seen the report that was provided recently to The Age. The board has also requested a copy of the report from The Age, provided financial records and offered statements and interview time to address the published allegations. Our accounting team has conducted a detailed and thorough reconciliation of Shanaka's entitlements and can confirm conclusively that he has not been overpaid as suggested in The Age. Sadly, we have yet to see the report that has stirred up this controversy. > > In the view of the current board, Shanaka has taken on substantive legal and financial responsibility over the last two decades to share his vision of access and social justice with the community. Many times over the years, he has passed on his own entitlements to meet the needs of others. He has the support of the Lentil family and the current board. > > The current board is committed to ensuring concerns raised in the report around governance are properly addressed. We want to assure you that Lentil is working towards the sustainability of our vision. We are a registered charity. We take equity, fairness and access very seriously. Donations to Lentil As Anything are tax-deductible as the Australian taxation office has granted it deductible gift recipient status. > > All four of our restaurants in Abbotsford, St Kilda, Thornbury and Newtown in New South Wales will be open again after the Covid lockdown, and we invite you for a meal. > > It’s pay-as-you-feel to eat at Lentil as Anything, and everyone is welcome. We rely entirely on donations of time, effort and money to continue this service. We would like to thank you for your ongoing support and are constantly humbled by the goodwill of our patrons. We welcome your questions and hope to continue to spread the message of generosity and kindness that has been at the heart of this enterprise since its beginnings. > > On Tue, Jul 20, 2021 at 12:29 PM Shanti Rubens wrote: >> >> Hi Alex >> >> Thanks so much for your enthusiasm and support for Lentil and your contribution to the draft response to The Age article. >> >> As discussed last night, on reflection, I don’t believe the current draft gives sufficient explanation for the motivation of the former board members who commissioned the report and it would be helpful to provide more context. That is, without going into too much detail about Lentil's internal dispute which may reflect poorly on the organisation. It’s a balancing act! >> >> As such, I suggest you include the following in the draft: >> >> After: >> >> A new governing board was appointed in November of last year with Shanaka Fernando as the only continuing board member. The new board has the full support of Lentil's employees and volunteers. >> >> Insert the the following: >> >> Before resigning, former board members had lost the trust and confidence of Lentil's team of employees and volunteers and also its founding members, including Shanaka, who had asked them to resign and conduct a democratic process to appoint new management. They initially resisted this request and were seeking support for their continued management and control of the organisation and the removal of Shanaka. It is in this context that the former board members commissioned a forensic accounting report. >> >> >> Hopefully, this alludes to the motivation of the former board members. Does that come across? >> >> In addition, I also agree Debi’s changes. >> >> Alex and others, please let me know your thoughts on the above and I welcome any contributions. >> >> Note, I have taken some people off the thread as I would prefer to settle some wording with a smaller group (who have actively contributed) before circulating more broadly for comment. >> >> >> Regards >> >>
Mr Shanti Rubens >> Director | Rubens Legal >> >> Mobile 0403 245 642 | Phone 1300 465 342 >> shanti@rubens.com.au | www.rubens.com.au >> 1/48 Orrong Crescent | Caulfield North VIC 3161 | Australia >> >> Liability limited by a scheme approved under Professional Standards Legislation >> >> From: Alex Pavlotski >> Reply: Alex Pavlotski >> Date: 20 July 2021 at 8:33:14 am >> To: Shanaka Fernando >> Cc: editors - Ilura Press , Debbi Long , Megan Evans , Emmanuel Economou , Abigael Ogada-Osir , Allie Dryja , Cass Spong Entheos , Helen Kapalos , John , Kenneth Wyatt , Paula Media , Shanti Rubens , jordan.hampton@unimelb.edu.au , matt pettit >>
Here, Mr Maxim Lewis, a dedicated and hard-working member of the Lentils team voices his concerns in a powerful letter against the seemingly arbitrary, mysterious and often cruel management of Mr Komesaroff.
From: Maxim Lewis <kru.maximlewis@gmail.com>
Date: 28 October 2020 at 8:51:26 am AEDT
To: Paul Komesaroff <paul.komesaroff@monash.edu>
Cc: Adam Wojcik <adam.wojcik.g@gmail.com>, Christopher Lappas <editors@ilurapress.com>, Debbi Long <debbi.long08@gmail.com>, Diane Embry <dianne.embry@gmail.com>, Geoff Hannan <geoff.hannan@canterburywealth.com.au>, Judith Pimentel <Judith.Pimentel@canterburywealth.com.au>, Katrina Webb <Katrinabwebb@gmail.com>, Ken Baird <ken@3halvesdesign.com>, Megan Evans <megg.evans@gmail.com>, Rob Wood <rob_mra@hotmail.com>, Santo Buccheri <santo@buccherigroup.com.au>, Save Lentil <savelentil@lentilasanything.com>, Shanaka Fernando <shanaka.lentil@gmail.com>, Tasneem Chopra <tasneem.chopra@gmail.com>
Subject: To Paul
You framed all of this as Shanaka's responsibility, presenting him with a document to sign - riddled with statutes bearing far greater implications for the organisation and all those dependent upon it, none of which had been openly or adequately discussed with the team - whilst belittling the intelligence of us all, reductively framing the question of administration or it's avoidance as a straight forward matter which could be smoothly resolved via Shanaka's simple co-operation.
Here, Ms Elleke Van Reuler, a long-time catering manager of Lentils shares her own thoughts similarly about the demoralisation of the wider Lentils community, the damaging impact of Mr Komesaroff and his cadre's leadership and the hurt and disappointment felt by members of the Lentils community outside of the Board who have put countless hours of their time, love and energy into making Lentils what it became.
From: Catering Lentil as Anything <catering@lentilasanything.com>
Date: 27 October 2020 at 2:52:31 pm AEDT
To: Katrinabwebb@gmail.com, Paul Komesaroff <paul.komesaroff@monash.edu>, adam.wojcik.g@gmail.com, debbi.long08@gmail.com, dianne.embry@gmail.com, duredara@optusnet.com.au, editors@ilurapress.com, geoff.hannan@canterburywealth.com.au, Judith.Pimentel@canterburywealth.com.au, ken@3halvesdesign.com, megg.evans@gmail.com, paul.james@westernsydney.edu.au, rob_mra@hotmail.com, santo@buccherigroup.com.au, shanaka.lentil@gmail.com, tasneem.chopra@gmail.com
Cc: Save Lentil <savelentil@lentilasanything.com>
Subject: Voicing my feelings
Hello to all,
Most of you I have not met, but my name is Elleke van Reuler. I’ve been working as the catering manager at Lentil since January this year and started a large scale food relief program here in Melbourne during lockdown.
I’m writing this email feeling frustrated, tired and not taken seriously. These feelings do not come from my co-workers but from the past months, dealing with the board. Note that in this email I do not include Shanaka Fernando when talking about the board. I have a lot to say and found it hard to shorten this email. But here it is.
For the past months we, I, have been working insanely hard to keep Lentil afloat and to keep on serving people who need it in our community. I’ve dedicated hours and hours of my time, not for the money, for for how strongly I believe in Lentil’s mission. Which is not something that you can understand from reading about the organisation - you have to be here.
You have to eat a dosa made by Surinth, gaze at Liam’s cool new outfit, hear Paula chant “wash your hands”, chop onions with Jason, watch Luke’s shoes slowly fall apart and listen to Pranati’s questionable music selection. Only then you will feel what Lentil As Anything is and why all of the volunteers and loving staff members, all of US, dedicate so much of their time to this place. Only when you feel what Lentil truly is, the idea of closing Lentil down will never ever cross your mind.
This said, over the past months I have felt less and less motivated and more stressed because of actions taken by the board. It all started with Paul’s first email, where he announced his daughter Frida and Charith to be the new CEO’s while Shanaka was on leave. From there on, daily exchanges of frustrating emails started.
A few weeks ago, we launched a fundraiser to raise money that would prevent us from going into administration and basically allow us to pay off a lot of debt. In two hours time, we had it all set up and the money came in. In just three weeks we managed to raise over 370,000 dollars. With just the power of our community. And that is exactly the reason why I, along with many other people, dedicate my time and passion to Lentil As Anything. We believe in the power of the community, we believe in supporting our communities and we believe in supporting each other, the Lentil core group, its staff and volunteers, to keep Lentil alive and going.
The people who work hard with me are the ones who inspire me. The volunteers inspire me and motivate me to work hard. And at this moment, they are the ones who I come to work for.
What has not been motivating or inspiring has been reading emails about how the board wants Shanaka to step away from his role of CEO, or else...
What has not been motivating or inspiring was putting in a lot of time and effort to create a (very successful!) fundraiser and not receive any appreciation or response from either Paul or Rob.
What has not been motivating or inspiring has been reading emails about how even after raising more than 370,000 dollar and paying off a lot of historical debt, the board still refuses to see the light at the end of the tunnel.
What has not been motivating or inspiring was hearing that the board wanted to appoint Charith as CEO, without consulting their fellow board member Shanaka or the core Lentil group.
Even more demotivating was receiving absolutely 0 response from either Paul, Rob or Charith after signing a carefully and collectively drafted letter where we, the Lentil core group and other staff members voiced our concern of Charith being appointed as CEO.
The Lentil core group and the restaurant teams have been working incredibly hard during COVID-19, donating time, working with restrictions and still providing meals and a safe space to people who need it. During this time, we have all made sacrifices, with the idea of a better future for Lentil.
Reading an email today, where due to Paul’s actions, the bank has frozen all of Lentil’s accounts, feels like the final spit in our face. I don’t think you realise everyone who is badly affected by this. Not only the staff members and volunteers, but the entire community who relies on Lentil’s food, Lentil’s listening ear and Lentil’s caring environment. We will all suffer because of this.
Basically, the board has been making many decisions without consulting the hard working core Lentil group, has shown in many occasions that they are not working in the best interest of Lentil As Anything and have not been taking any of our collective letters and concerns seriously. So yes, I am feeling very frustrated, insulted and not taken seriously at this point.
My fellow co workers and volunteers wish to do what is best for Lentil and we need for you to listen to all of our voices, so that you know that to every side of the story, there is another.
I hope these words find you well,
Sincerely,
Elleke van Reuler
Chef and catering manager Lentil As Anything
--
Here is a further, poetically written piece by Mr Kenneth Wyatt, an Administrative Assistant at the time.
Hey guys,
As most of you have probably noticed, there has been a significant shift of power within Lentils in the last few months. More and more the decision making power has been taken out of the hands of the people within the organisation who do the legwork and who have poured into it boundless time and energy, and rather further concentrated in the hands of a few self-proclaimed authorities. While we've tried to act as a counterbalance to this drive toward centralisation and formal hierarchy, to mix metaphors, the tide has continued rising. This process has involved a concerted effort by the board, Charith and Frida, to shape the organisation in such a way that it can operate in a way they feel most comfortable, a formalised, bureaucratic hierarchy which they can steer. This has culminated in placing Shanaka on indefinite leave and a joint assumption by Frida and Charith of the role of Acting Executive Manager under the pretence that Shanaka has requested time off, and is therefore unable to participate in Lentil.
Many of you have come to Lentil because it represented a rejection of the principles represented by this movement. Lentil, and those in it, including Shanaka, opened not only opportunities for all of us, but reinvigorated us to continue challenging the assumptions and narratives which cloud our vision and hang heavy on our shoulders, it also acted to demonstrate that challenging those assumptions could truly create something that was both effective and lasting.
Not one of us has been untouched by the moments, perhaps long moments, of frustration which have come with Shanaka's leadership strategy and its disruptive nature, but more so, none of us have been untouched by the way that Shanaka worked to open up a space for everybody in the organisation to make their person known, to act on what they felt was right, to try and also fail. These are two sides of the same coin, and what is taking place with Shanaka's ousting represents a repudiation of that.
I've spoken with Shanaka, and he has told me that all he wishes to know is that should he be forced to leave, that he can be confident that we will have a continued voice and role in shaping Lentil. I believe that this year has demonstrated that is not the plan. I believe that Shanaka's ousting is not the rejection of one man, but the rejection of the principles which he brought to the organisation.
I personally can't see a place for myself in the vision which is being imposed on us. I have never wanted anything as much as I wanted to be a part of Lentil, and I've never wanted anything less than to participate further in the farcical future that is planned for us. I know I'm not alone in that.
Shanaka wants everyone to know that he's here, to speak to people individually, or to discuss what can be done, and that he isn't abandoning Lentils or its people.
I would like to know what people think the way forward with this is. The first thing that we can do is take up the offer made in Paul Komesaroff's email by expressing our response to the news.
I think that we all need to think deeply about which fork of this particular crossroads we go down.
Thanks guys,
--
Kenneth Wyatt
Administrative Assistant
e: info@lentilasanything.com
p: 0449 711 181
Mondays, Tuesdays, Wednesdays, & Thursdays 9am-5pm
Below is an exerpt from an exchange between Mr Komesaroff and Mr Tim Doyle, a paid worker of Lentils who was extremely affected when Mr Paul James, a close friend of Mr Komesaroff who was also a Director of the company at the time. Mr Doyle's criticism of the management decision made by Mr James and Mr Komesaroff in particular was over their decision to use company liquidity to pay a private forensive accounting action over paying staff.
From: Tim Doyle <regulartim87@gmail.com>
Sent: 26 November 2020 3:26 PM
To: Paul James <paul.james@westernsydney.edu.au>; paul.komesaroff@monash.edu <paul.komesaroff@monash.edu>; rob_mra@hotmail.com <rob_mra@hotmail.com>
Cc: Shanaka Fernando <shanaka.lentil@gmail.com>
Subject: Expressing My Concerns
Hello Paul,
My name is Tim Doyle and I have been a part of the 'Lentil As Anything' team for just over two and a half years, and have also been a part of the community for much longer.
I am writing to you because, i want you to understand that by taking the money from the accounts, you have caused not only myself but all of my co-workers and friends to not get paid this week for all the ongoing hard work / volunteering, that we have continued to do throughout the whole covid situation and the constant nagging and stress from all these other issues going on in the background,
YOU have now put me in a situation where i cannot pay:
- Rent
- Electricity
- Hex Debt
- Food
- Half of my 19 year old sisters rent and help with food,
who lives in NSW and i have not been able to visit this whole time due to Covid.
Watching some of my closest friends breakdown in tears and anguish has been mentally draining.
I was so excited to come through Covid and have our amazing restaurant in Abbotsford
re-open and slowly in the last 3 weeks become busier and busier, but now you have put a damper on that.
i want YOU to know that 5 years ago i lost my MOTHER, AUNTIE, and POP to cancer all in the space of 4 months and that was one of the most stressful and agonising times of my whole life,
which too be honest i am only now starting to come to terms with it and the grieving period, and a lot of that i owe to 'Lentil As Anything',
Because volunteering here and being a part of the team, has not only given me a chance to build my confidence back up as a person but it has given me a family whilst i am living in another state away from my own.
By draining the accounts constantly you are not only putting more and more financial stress on my friends, family, and myself, but you are dragging me back into a deep and dark depression cloud of uncertainty which I never wanted to be in again.
And being a part of Lentil and helping people in times of need is one of the best things i have experienced in my life.
Though now I have to go to work tonight, with a big SMILE on my face and serve people who are in need, of not only food but conversation, and community , whilst knowing in the back of my mind that I am not getting paid tonight or maybe not for a long time due to your blatant disregard for everyone involved in this company from the ground up.
If this continues and it gets to a point where i face homelessness, because I will be making sure that my little sister gets fed and gets rent paid before myself, it will be on your shoulders and your shoulders alone.
We have never met,
But i would like to say that you have become like the CANCER that took my families lives,
YOU are a walking contradiction of all the things you are saying the company has done.
Thanks,
service with a smile,
Tim.
Mr James responded as below:
• Lentil had identified statutory debts of around $200K for past Superannuation contributions and PAYG. This had been known about in the past, but ignored.
• The accounts at 30 June 2019 showed a loss of $471K. This loss plus accumulated losses from previous years of $101K results in an equity deficit of $572K and a working capital deficit of $750K. The company at that time was trading while insolvent (something for which the Directors can be fined heavily). We were saved by the Covid crisis and an easing of legal requirements, and then later the GoFundMe campaign. At June 2020 Lentil had accumulated losses of $718,100. This means that the fundraising has not come close to solving the financial problems, let alone the culture of intimidation.
• Authorities such as Fair Work were investigating chronic underpayments of employees and superannuation, which threatened further liabilities. We have since found that these liabilities amount to around $80,000, still to be paid.
• There were/are a number of issues in relation to financial management and inappropriate management and employee behaviour that required investigation.
• Regular financial reporting and control was patchy at best.
• There was an unfair dismissal complaint.
• A number of people who had worked for Lentil in either a paid or volunteer capacity had made complaints about financial irregularities and bullying, and had sought protection by the Board under the Whistleblowers Act.
• Funds had been misappropriated and spent without authority.
• Grants had been officially reconciled while moving the grant money to other purposes other than stated in the reconciliation documents.
• We had no Whistle Blower policy and no document on fair treatment of workers and volunteers, bullying and harassment, both of which are required by law.
• A legal campaign conducted by lawyers who said they were acting for Shanaka Fernando, called for the annulling of the Board. A second lawyer, a high-profile QC, then joined that campaign. He has since had second thoughts when confronted with the reality.
• Workers compensation costs had not been paid for four years.
• A CEO, who was also one of three directors, and had early been suspended as CEO by a majority decision of the Board, had refused to recognise the authority of his co-Directors or vacate his position, resulting in management uncertainty and control difficulties. We then discovered that he had previously been suspended as CEO by an earlier Board, and acted similarly against them.
• There was the threat of an alternative AGM that caused confusion.
• A lawyer, saying that he was acting for Shanaka Fernando, instructed the Bank of Melbourne to close down all accounts, thus making it impossible to pay creditors and run the restaurants.
All of the funds which the Board has used on lawyers and accountants were either in direct response to Shanaka's lawyers who put us under a barrage of ill-founded pressure, or to ask for expert advice on how to understand and respond to the mess I have just outlined. These funds amount to less than what has been paid to Shanaka over the last little while for his own personal claims. Perhaps, ask Shanaka about how much money he draws down before the workers are paid. Ask him about his salary, fringe benefits, rent, car, etc.
Lentil is an amazing organization but Shanaka may not be telling you everything you need to know.
Yours, Paul
Paul James (with physical rather than 'social' distance)
Institute for Culture and Society
02 9685 9600