The legal proceedings involving the Canterbury Bankstown Bulldogs and Jackson Topine, and those involving the Sydney Flames and Shane Heal, may signify a watershed moment in Australian sport.
Perhaps even for global sport.
Topine’s $4 million lawsuit against the Bulldogs stems from an incident last season. It has been reported that Topine arrived late for training, and received a punishment relatively common in rugby league circles, as he was made to wrestle all 30 to 35 of his teammates.
As a result of his treatment, Topine’s lawyer claims he “suffered ongoing incapacity to play the game” due to “psychiatric injury” and “physical and mental impairment”.
Topine has not played in the NRL since, and his lawsuit is therefore pursuing a loss of income.
However, central to the Bulldogs’ defence will be the fact his agent has tried to win him a contract with every other NRL club.
Meanwhile, Australian basketball star Shane Heal was suspended from his position as head coach of the WNBL’s Sydney Flames due to complaints from players.
Heal sued the Flames for wrongful dismissal, but subsequently lost most of his court case.
During the proceedings, it was revealed that Heal was accused of asking a player “what the f–k” she was doing, twice at training, and once in a game.
He was also accused of singling out players in video sessions, telling them they had “stuffed up” in front of the entire team.
Where you sit on these two incidents may depend upon your own experience in playing sports, at any level.
Jackson Topine. (Photo by Albert Perez/Getty Images)
Personally, I played representative basketball as a youngster and had a number of coaches who could best be described as ‘tough’, to put it mildly.
Thankfully, I never had to wrestle my teammates, because my frame was a little…light.
However, getting verbally ‘chewed out’ by my coach for missing a defensive assignment or taking deep, pull-up three-pointers off the dribble (I was ahead of my time!) was a regular occurrence.
As for the language, let’s just say it was extremely ‘colourful’.
As such, I almost laughed at Heal’s supposed indiscretions.
Yet while I don’t feel I’d personally have an issue with Heal’s behaviour, that doesn’t mean it shouldn’t be scrutinised.
We live in an era in which we’re trying to better understand, and destigmatise, issues around mental health, and workplace environments play a large role in this.
When it comes to the Topine and Heal legal cases, there will be – and already has been – plenty of people who proclaim sentiments like “that’s soft”, “professional sport isn’t for everyone” and “the players should harden up”.
Such comments were certainly easy to find when Justin Langer stood down from his role as head coach of the Australian cricket team, after not receiving the length of contract extension he was after.
After concerns were raised by the playing group that Langer’s intensity had created an environment that the players were no longer enjoying, the coach was offered a meagre six-month extension, which amounted to all but a sacking.
The drama set off something of a civil war within Australian cricket, with many ex-players siding with Langer and questioning why the current players had the power to remove a coach; especially when Langer had achieved so much “success”.
It’s somewhat debatable how much success Langer actually achieved, but that’s a discussion for another article.
What’s not for up debate is that it was another example of the modern ramifications of players airing complaints with their coach.
Shane Heal, Head Coach of the Flames looks on during a WNBL match. (Photo by Mark Evans/Getty Images)
It would be dangerous to assume the Topine, Heal and Langer situations are all exactly the same. They’re not.
There are differing circumstances and nuances to each one. Yet they do all highlight that modern sport is a different ball game.
Off the back of the Heal ruling, if the Bulldogs are found liable for a payment of $4 million to Topine, it could signify a massive shift in Australian sport.
If people can lose their jobs, and clubs can face massive payouts, due to the behaviour of coaches, it will drastically change the way sporting teams in Australia – and potentially the world – will be coached.
Being ‘tough’ on your players would come with the stark reality that players can voice their disapproval if they believe things have gone too far, with incredibly costly consequences to follow.
Would this, as many experts would have us believe, make players softer? Less resilient? Too influential? Not prepared for professional sport?
That’s problematic to definitively answer, and not just because there’s no metrics to validate the argument.
There’s also the reality that there are plenty of ‘player friendly’ coaches in numerous sports who seem to be able to have their athletes ready to perform on the biggest stage, without said players having a concern about how they’re treated.
What side of the fence do I sit on? The truth is, it doesn’t matter what I think. If a court of law sets a precedent and a benchmark moving forward, that’s all that matters.
Coaches of a certain ilk would be in higher demand, as they would pose less of a ‘risk’ for player fallout dramas.
After all, are clubs really going to hire a hard-nosed, disciplinarian-type coach if they come with the potential of players being able to sue the club?
That may well become a significant gamble many club bosses aren’t willing to take.
As such, all eyes will be on the Topine case, because the result could be seismic for Australian sport.
Train Without A Station
Roar Guru
Does it?
Train Without A Station
Roar Guru
My point wasn’t that it was the same. That something I’d consider formative I would not wish on others
Tufanooo
Roar Rookie
I'm sorry, TB You won’t accept it unless you see an academic article… who’s being obtuse now? Show me how Travis Touma is an expert? An expert is more than just an employee or fitness coach. I.e. No one would accept a personal trainer to be an expert. They are a practitioner. They learn from a higher institution of learning in that field (whether it's university, TAFE etc) from people who have contributed to the field of research and promote the best practices to a wider group, and have them challenged. These people would be members of a relevant institution in that profession, would attend CPD etc. While it is certainly true that there are fields where experts do not fit into that category above (such a being an elite sportsperson), fitness trainers are not them. You have just resorted to repeating claims that it's common practice therefore it's ok, and it's been done for decades, therefore it's ok. Why am I bringing up concussion? I bring up concussion because wrestling has the highest concussion rates of all sports/activities. Why, in 2024, knowing what we know about concussion and the long term impacts it has on the human brain, would we consider wrestling as an appropriate form of punishment knowing the long term risks it can have to the people involved? There isn't one person who would, under oath, suggest that the nature of that punishment would be under any circumstance be both unavoidable (in that it had to be dispensed) and safe (in that there was no risk of concussion to any participant). As far as we know, no helmets were worn, it was not conducted on a softer mattress surface, and it was not done under any strict observance of recommended rules and guidance around safe wrestling, or qualified referee to observe for any dangers. That no one got a concussion from it (that we know) is more luck than good management. No, it was conducted in a circle of a dozen men, all macho and testosterone fueled, with negligible supervision on a firm surface (grass, soft as it is, is still more firm than a wrestling surface). In light of such knowledge, I would argue that wrestling as a form of punishment, even for an NRL player is barbaric when there are dozens of other alternate and safer forms of punishment that can impugn the same point. A $2000 late fee for example. Being dropped from the next match being another. Extra community service another. Being banned from drinking at the next approved gathering. Four punishments, each severe in their own way, and each providing sufficient deterrent not to be late in future. So you know, and have accepted the danger of concussion, but yet this punishment to you, which undeniably increases the risk of concussion to anyone involved, is necessary? What makes it an indispensable and necessary form of punishment? Or, is it ok because that's just how it's always been and all clubs do it? (also know as the Phil Gould school of thought).
Tufanooo
Roar Rookie
I'm sorry, but you can't ask people to provide proof when you're only counter starts with "apparently". Either Braidon Burns got the treatment or didn't and it's factually reported. Starting with "apparently" is helpful to no one.
The Barry
Roar Guru
If the punishment sets standards, improves discipline, prevents people being late for training doesn’t that improve performance…?
BillyW
Roar Rookie
Strange how one generation was taught tough love and say it made them stronger or more resilient but then went and taught their kids (the next gen) not to tolerate it....and then when that Gen stands up and says "yeh nah you can't treat me like that", back comes the tough Gen to label them soft? I mean seriously what the F-ck are you all doin!?!
farkurnell
Roar Rookie
CZ ,I wonder what Madge is going to throw up as KPI’s for our boys at SOO training. I’m pretty sure we’ll be fitter than those lazy canetoads
PG
Roar Rookie
Yes, yes….. we are getting to the heart of the matter. We now recognise that there are physical limits for players and that denying water or preventing players from resting for 5 minutes is obscene but….. heaven forbid a player has mental and emotional limitations. Topine was psychologically broken by his employer
matth
Roar Guru
You can be in trouble if your treatment of a worker is different to how you treat other workers. So if you abuse one worker for being late but not another. You can also get into trouble if it is systematic. With all of this, there is a reasonableness test, so you can go down even if it's a one off and not unfairly discriminating against one worker if it's bad enough.
Train Without A Station
Roar Guru
End of season nudie run isn’t something a club enforces. But surely the punishment should relate to the offence? Topine didn’t miss any actual training load. He missed 10 minutes of the pre training check in.
astro
Roar Rookie
Just seen this. Doesnt look good...denying players water while putting them through extreme trainings sessions, seems hard to defend.
Train Without A Station
Roar Guru
But they all weren’t subjected to a punishment load. It can’t be punishment AND about performance. Because if it was about performance wouldn’t all players be doing that load?
The Barry
Roar Guru
Well that didn’t take long - Lloyd Perrett has commenced proceedings against Manly…
Choppy Zezers
Roar Rookie
Awww my question is really that good? Thank you, Sir Barry. I think what will happen is it will start playing out in the courts, then as the cost of the solicitors goes up and up and up, they will come to some confidential agreement. There will be no admissions of guilt and we go onto the next drama, which will hopefully involve Queensland and all their players being ruled ineligible.
The Barry
Roar Guru
That’s the interesting question Choppy that I don’t think anyone has been able to (or potentially will be able to) Where is the line? Six minutes of extra wrestling is too much. Is five ok? Two? Any? What about laps of the oval used as a punishment? What about push ups? What about end of season nudie runs for anyone that hasn’t scored a try…? Any of those things used as a punishment are on the same spectrum. By definition it has to be all acceptable, none acceptable or there’s a line somewhere. How is that line going to be defined and by who…? I think it’s the most interesting question of this whole thing…
BigGordon
Roar Rookie
I'm guessing Topine would argue wrestling 20 or 30 guys non-stop for a long period could be seen as physically abusive, especially if he wasn't allowed to stop for a breather, it was a particularly hot day, etc. Then there's the mental aspect, where again, I'm guessing he'd argue he was humiliated or put under undue mental stress as a result of the punishment. You're right, the law certainly allows for workplace performance to be critiqued and poor performance can be severely critiqued. It's all about how that's done and the words that are used. That's very much open to interpretation, so it would be instructive to see what the Courts say, assuming this case gets that far.
The Barry
Roar Guru
As far as we know he was “singled out” because he was late to training that day. Singled out assumes that either there were other players late that day who didn’t get punished or there were other players late other days who didn’t get extras Apparently Braidon Burns was late to wrestling training some time after Topine and got the same punishment. Expected the same punishment So what have you seen or read that suggests Topine was singled out…
The Barry
Roar Guru
The experts that are employed by every NRL club to run and design elite sports fitness programs and include practices like this and boot camps, etc. You seem to want to ignore that this is common practice among rugby league clubs This isn’t some barbaric practice that the Bulldogs invented on the spot and applied to Topine only. Lots of footballers have been through this and only Topine (that we know of) has had this reaction to it Unless you’re claiming greater expertise than them? You won’t accept it unless you see an academic article… who’s being obtuse now? It’s funny but you’ve been pretty strident about this the last few days and I’d don’t recall you providing any academic articles to support your position, but now you’re demanding it from me? Why are you bringing up concussion? I’ve regularly argued about increasing concussion protocols. I’ve written two articles on The Roar about. I mean, I’m no PHD or MBBS but I tried my best Or is your position that if I accept concussion is harmful, I have to automatically accept that everything else is also equally harmful? I’m sure you’re not saying something so absolutely daft but it sure as hell sounds like it… “You accept all or you accept none”. Sorry, that’s not how life works buddy
aerial lizard
Roar Rookie
I generally avoid these types of debates because of personal experience, but feel I should try to shed some light into a murky abyss. My father was a violent bully who got kicks out of humiliating me in front of my friends and it ain't fun, nor is it later in life when some other narcissistic parasite does similar. See I think this trainer with the impeccable virtues might just be a narcissistic bully and maybe that young man has had too much humiliation in his past; and this lovely man, who sends flowers to random strangers, using his mates to deeply humiliate him might have sent him over the edge? Or could he find his answer by visiting Growaset?
The Barry
Roar Guru
They were all doing wrestling and I haven’t seen any suggestion that this was the first time shark baiting had been used…