Wellness Retreat Discrimination Case Dismissed After Allegations of Guest Misconduct
A woman who alleged she was expelled from an exclusive wellness retreat because of her "severe depression" has seen her discrimination claim thrown out of court following detailed accusations of abusive conduct towards both staff and fellow guests throughout her stay.
Legal Action and Retreat Response
Cassandra Boswell, originally from Victoria, initiated legal proceedings against Elysia Wellness Retreat in Pokolbin, located within New South Wales' Hunter Valley region, seeking over $20,000 in compensation for alleged discrimination. Her stay at the retreat, which concluded abruptly in early January 2024, became the centre of a contentious dispute.
Ms Boswell arrived at the luxury facility, renowned as a favourite destination among high-profile Australians, on December 27, 2023. However, retreat management requested her departure on January 3, 2024, cutting her planned visit short by five days. While Ms Boswell maintained she was removed due to discrimination against her mental health condition, retreat representatives presented a comprehensive account of behavioural issues that led to her dismissal.
Incidents Involving Guest and Dog
Court documents revealed multiple incidents that contributed to the deteriorating atmosphere during Ms Boswell's stay. She had brought her dog, Bella, to the retreat with prior management approval, but the animal quickly became a source of disruption.
During one group session, Bella became distressed and urinated on the floor. According to correspondence from retreat management, Ms Boswell used a face washer to clean both her dog and the floor, then threw the soiled cloth at another guest while instructing her never to touch the dog again.
The following day, Ms Boswell allegedly encountered the same guest in company with others and directed obscene language toward her, repeating the instruction regarding her dog.
Further Disruptions and Complaints
Additional incidents documented by retreat staff included Bella vomiting in the restaurant after being fed from the table on December 28, followed by urination in a corner of the dining area. Management communicated that feeding the dog from human crockery in restaurant settings was inappropriate.
Further disturbances occurred on December 30 and 31 when Ms Boswell became involved in what was described as "a telephone incident during a tai-chi class," creating annoyance for both staff and other guests seeking tranquillity.
On January 2, Bella reportedly licked a guest's feet and urinated on another visitor's shoes and jumper after being left unleashed during a class session. The following morning, a guest cut their retreat short due to Bella's persistent barking at 6:20 AM, while other visitors complained about Ms Boswell's use of obscene language during a morning walk.
Staff Confrontation and Final Removal
The situation escalated when Ms Boswell allegedly directed homophobic slurs at a staff member, resulting in the employee refusing to service her room. Retreat management documented that she told reception she did not want "that fag, poof boy" attending to her accommodation.
Following this confrontation and accumulating complaints, retreat management sent Ms Boswell an email on January 3 demanding her immediate departure. She later claimed she had to hitchhike approximately 70 kilometres to Newcastle Airport to return home to Melbourne, having invested nearly $8,000 in her planned 11-night retreat experience.
Contrasting Perspectives and Legal Outcome
Elysia Wellness Retreat, frequented by celebrities including Cold Chisel frontman Jimmy Barnes, television personality Lisa Wilkinson, and fashion designer Peter Morrissey, firmly refuted the discrimination allegations. Management argued that Ms Boswell was removed solely due to "abusive and unacceptable behaviour" rather than her mental health condition.
Ms Boswell countered that the facility failed to provide appropriate treatments for mental health recovery, suggesting it primarily catered to "wealthy CEOs, alcoholics and obese men and women."
The Federal Circuit Court of Australia ultimately dismissed the case after determining that Ms Boswell's complaint had been lodged with the Australian Human Rights Commission forty days beyond the statutory deadline, rendering the legal action invalid regardless of the substantive allegations.
