Lawyers for sacked Wallabies winger Lote Tuqiri have commenced legal action in the NSW Supreme Court against the Australian Rugby Union for breach of contract.
The action came on the very day the Rugby Union Player’s Association (RUPA) said some Wallabies were feeling fearful and intimidated in the wake of Tuqiri’s sacking.
The RUPA on Wednesday announced they were launching an investigation – headed by an unnamed “high-profile” retired judge – into the reasons why the dual international had his contract worth up to $1 million a year ripped up by the Australian Rugby Union (ARU).
On the same day, Tuqiri’s manager Les Ross released a statement confirming the superstar’s lawyer Mark O’Brien had commenced proceedings in the NSW Supreme Court against the ARU for breach of contract.
The statement said due to the court proceedings, Tuqiri could have no involvement in the inquiry announced by the RUPA into his termination.
“As the matter is now before the courts there will be no further comment,” the statement said.
RUPA chief executive Tony Dempsey said several Wallabies, including captain Stirling Mortlock, were supporting the Association’s action as they seek answers over Tuqiri’s dismissal.
Announcing the sacking last week, the ARU cited an alleged breach of the player code of conduct but declined to give any detail of the offence because of possible legal action from Tuqiri challenging the decision.
The former rugby league star was reportedly on his final warning following some off-field indiscretions, including being fined $20,000 and banned for two matches for failing to attend a team medical in July 2007 and being fined and suspended after a nightclub spat with teammate Matt Henjak in South Africa in July 2005.
Dempsey said players were fearful about the security of their own contracts as a result of the sacking.
“There is a feeling of fear and intimidation (from) a number of players and they want to understand whether or not they are also walking on broken glass here and are they subjecting themselves to summary termination,” Dempsey told reporters.
“Players are uncertain where they’re standing and we need to create that certainty. We need to create some clarity around what constitutes a termination of a contract and what doesn’t.”
Dempsey said the RUPA had decided to initiate the investigation after uncovering information relating to Tuqiri’s sacking which he said raised concerns over the ARU and NSW Rugby Union’s conduct, but refused to reveal that information.
“I don’t want to steal Lote’s thunder,” Dempsey said.
“I don’t want to play out what is inevitably going to rise out in the court action that Lote’s running against the ARU.
“I want to stick to the focus of our investigation. We have information enough to arouse our suspicions that there may be a possible breach of the collective bargaining agreement and it’s important for the players that we take the action we are.
“We want answers as to the process, we want answers as to the reasons and we want to make sure that there has been no personal vendetta by anyone within the ARU against Lote.”
The ARU said in a statement they were confident the issue had been dealt with correctly.
“ARU appreciates that RUPA represents players interests. Let them be assured this matter has been dealt with in a proper manner,” the ARU said.
“ARU has also consistently stated we will not be going into details of the Lote Tuqiri termination due to the threat of legal proceedings.”
Dempsey said that if the investigation revealed a breach of the collective bargaining agreement they would launch their own legal action against the ARU or NSWRU.
Despite the player concerns, Dempsey said industrial action had not been discussed and was unlikely to become an issue in the future.
“That’s premature and hasn’t been discussed at all,” he said.
“I would be very surprised if the players were to take that position.”
© AAP 2012Enjoy sports? Enjoy a bargain? All Sports Online has your favourite sporting brands at up to 70% off. Online only, premium quality sporting goods and merchandise at discounted prices. Get a deal now.
Do you have what it takes to become a sports writer? Write for the roar
Rugby Union articles
- Will Super Rugby crowds continue their slide? (198)
- Will South African rugby force a Super 21 by 2018? (172)
- Brumbies 2012: New coach, new players, new attitude (128)
- Dan Parks and the unsolved questions of expat rugby (61)
- Pocock set to be named new Force skipper (56)
- Can the ‘Tahs win the battle after losing the Waugh? (51)
- What does the future hold for the Six Nations (50)
- Wales show Southern Hemisphere how to play running rugby (28)
- What opening matches of Six Nations taught us (18)
- Will Super Rugby crowds continue their slide? (201)
- Clinical Chiefs cost rusty Rebels in Corio (9)
- Six Nations shows rugby is a parochial game at heart (5)
- Goose’s Super Rugby up-and-comer XV for 2012 (29)
- What does the future hold for the Six Nations (50)
Sportym said | July 9th 2009 @ 8:46am | Report comment
Its time for some transparency in this scenario. All this silence is doing is fueling the press. The sooner the reason is made clear the sooner people will stop caring. Its the the uncertainty that is fueling this issue. The simple fact was that lote was on his last strike, so it really does not matter what happened, I would feel sorry for him if this was his first breach, the fact is he was on his last.
Hoy said | July 9th 2009 @ 9:12am | Report comment
And that is why he is keeping it quite. ARU has been very shrewd on keeping it in from their side, and that makes Lote have to admit what it was he did, which he is not doing.
Jameswm said | July 9th 2009 @ 9:31am | Report comment
There is one thing that is tough on Lote. It’s this 3 strikes policy.
If I’m right, the first thing he did wrong was in 2005, the second in 2007 and the third in 2009. If that’s right, that seems like a long time to keep previous indiscretions hanging over someone’s head. Maybe his lastest contract said because of the previous indiscretions, one strike and you’re out.
Having said all that, if Lote did what the rumour mill says he did, he can go. He was in camp and had 18-20yos around him.
Bill said | July 9th 2009 @ 9:38am | Report comment
Jameswm,
Tuqiri had two off field incidents in 2007. One was having a big night, sleeping in and missing the team medical. The other was the late night party in Dunning’s hotel room where a member of the party had an altercation with a cab driver after leaving.
The Link said | July 9th 2009 @ 10:05am | Report comment
OK so some new facts have emerged in the last couple of days;
– NSW, after finding out about the situation, were trying to find ways to keep Lote
– Wallabies players support the RUPA’s action against the ARU
Hardly the endorsement for the ARU’s actions from the NSWRU or the players that was being reported.
Even looser said | July 9th 2009 @ 11:52am | Report comment
As I watch this unfold I have to wonder if JON is the shrewd operator that everyone claims he is.
All shall be revealed.
mattamkII said | July 9th 2009 @ 12:01pm | Report comment
One thing is for sure, LT is good for the economy.
The Zavos Family are making a killing from it….not sure if the link below will work but month highs all round when LT was sacked….if he wins the court case and goes to France they might need a new ad server.
http://alexa.com/siteinfo/theroar.com.au
AndyS said | July 9th 2009 @ 1:12pm | Report comment
“The statement said due to the court proceedings, Tuqiri could have no involvement in the inquiry announced by the RUPA into his termination.”
If that is so, then how can the ARU have any involvement either?
Greg Russell said | July 9th 2009 @ 1:31pm | Report comment
All the comments above make good points.
This is a game of poker. JON clearly was banking on Tuqiri not wanting the nature of his indiscretion to be made public, but so far Tuqiri is not blinking. It’s not clear to me that JON has any other tricks at his disposal, whereas for the Tuqiri camp things just keep getting better: the services of Packer’s lawyer, RUPA being concerned, Mortlock and the Australian players not being happy, and so on.
The ARU could learn a thing or two from Cricket Australia over this affair. The analogy is far from exact, but there are a lot of similarities between Tuqiri and Warne. How CA must have wished at many times to be rid of Warne’s behavior! However it seemed to understand that it would be pointless even to try. Both Warne and Tuqiri are tremendously popular with their playing colleagues, something that the public struggles to see. At times Warne was helped by this high regard within the dressing room, and now Tuqiri seems to be reaping the same sort of help.
Re “I have to wonder if JON is the shrewd operator that everyone claims he is”: there is no doubt that JON is a shrewd operator. However no-one is always right, not even the shrewdest operator or the greatest genius (yes, even Einstein got things wrong).
What is O’Neill’s best course of action for extricating himself from this mess with a minimum of damage?
Sam Taulelei said | July 9th 2009 @ 1:42pm | Report comment
“What is O’Neill’s best course of action for extricating himself from this mess with a minimum of damage?”
Wallabies to win Bledisloe and/orTri Nations, nobody including the players will then care about any of this.