Players launch Tuqiri enquiry
Wed, 08 Jul 2009 09:11
Team support: Matt Giteau shows his support for Lote Tuqiri
The Wallabies, claiming to feel fearful of and intimidated by the Australian Rugby Union, have launched an investigation into the sacking of wing Lote Tuqiri, through the Rugby Union Players' Association (RUPA).
The ARU announced last week, in a very brief and terse statement, that it had terminated the contract of Tuqiri on "a standard employment matter".
They declined to elaborate, but it has since emerged that the players believe that ARU CEO John O'Niel is the driving force behind the sacking.
It has also been revealed that the players are not happy with the ARU's conduct and they, in turn, have enlisted the help of their union, RUPA, to investigate the matter.
It has been suggested - and denied by the ARU - that Tuqiri was simply fired to save money, as the wing was one of the highest paid players in the world.
RUPA chief executive Tony Dempsey says that several senior Wallabies, including captain Stirling Mortlock, were concerned by Tuqiri's sacking and they want answers as to why his contract with the ARU was so abruptly terminated.
Dempsey pointed out that his association had received sufficient evidence to raise concerns over whether the ARU's and New South Wales Rugby Union's conduct was a breach of the collective bargaining agreement those unions hold with RUPA.
"I have spoken to the captain of the Wallabies and many from the Wallaby team and they have genuine concerns about the matter in which Lote's sacking has been handled by the ARU and NSWRU," Dempsey said in a statement.
"The Wallabies are deeply saddened for the loss of Lote from the team and Australian Rugby as I am sure many of the fans out there are.
"Players want confidence that unless they seriously undermine the integrity and confidence of the game and its reputation or are in serious repeated breach of their contract that they can rely on the administrators honouring their side of the bargain.
"An 'iron curtain' has descended on relations between the players and senior management of the ARU. Players feel fearful and intimidated of the ARU. We need to restore trust and credibility with the games administrators. We need to have the sanctity of the Standard Player Contract upheld and have clarity on what actions constitute summary termination of a RUPA member's contract.
"It is not a healthy environment for the players to be operating at present in and not one that is conducive to playing quality rugby. It is one in which we intend to rectify in the interests of Australian Rugby," Dempsey added.
RUPA, in revealing that it will launch an investigation on behalf of its members, said there is an obligation that the ARU and NSWRU must comply with the provisions of the Standard Player Contract when dealing with players employment provisions including any termination provisions of a RUPA member such as Lote.
"RUPA will appoint an independent high profile retired judge to lead an investigation to determine firstly whether the ARU and NSWRU have complied with the terms of the Collective Bargaining Agreement and secondly whether the ARU and NSWRU have exercised bona fides and good faith when terminating Lote's contract last week," the statement said.
The investigation will explore amongst other things:
1. Reasons for Lote's termination;
2. Provisions of the Standard Player Contract relied upon by the ARU and NSWRU when terminating Lote's contract;
3. What processes and procedures were and were not followed by the ARU and NSWRU.
Rod Kafer, the President of the RUPA said: "We have information surrounding this incident to warrant an investigation into the ARU's and NSWRU's conduct. We need to ensure the ARU and NSWRU have honoured the terms of the CBA and that the actions of the ARU and NSWRU last week are not in breach of any players' rights under their contract.
"We have legal rights under the terms of the CBA which we will defend on behalf of our members. RUPA and its members will do whatever it reasonably takes to ensure its members' rights are protected. This summary dismissal of a RUPA member and the circumstances in which it has occurred raises concerns about the current and future intentions of the ARU and NSWRU which demand clarification."


