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Lovett to take his case forward

By Mr Dandalooa

Alleged rapist Andrew Lovett has won the right to take his case the AFL grievance tribunal after his new club St Kilda recently sacked him over sexual assault charges.

The tribunal this week had a marathon hearing that went for more almost five hours after Lovett claimed it was unlawful to sack him.

The club has maintained that it was within its rights.

Lovett’s law camp did not comment after the ruling, but St Kilda looks cemented to get rid of the former Bomber.

St Kilda was last week slammed by the AFL Players’ Association (AFLPA) for its quick action to sack the 27-year-old who was charged on summons by Investigation Unit detectives after an alleged incident on December 24 when a woman accused the midfielder of sexual assault against her, which is alleged to have happened while she was asleep.

AFLPA says it was “extremely disappointed” at St Kilda Football Club’s decision to summarily terminate the employment of Lovett.

AFLPA CEO Matthew Finnis said there was a grievance procedure in place which could have seen Lovett and the Saints resolve the issue, but the association remained concerned that this was not permitted to run its full course.

“St Kilda’s decision is, in our view, inconsistent with this principle and has the potential to undermine the commitment of players to the established codes and procedures for dealing with disciplinary matters and disputes within the AFL industry,” he said.

“AFL players are employees, and AFL clubs are workplaces. Notwithstanding the nature of their work or their profiles, AFL players ought to be able to rely upon basic principles of fairness and due process before being subjected to disciplinary action.”

“We have serious concerns as to whether Andrew’s legal rights have been respected and will further consult with his legal representatives to address this concern in coming days.”

Lovett wants head to the grievance tribunal, but the Saints camp has argued that his sacking meant he no longer had that option available.

Saints vice-president and legal adviser Ross Levin said the club was forced into its harsh position “because of the acts and omissions of Andrew Lovett, which we believe gave us no choice other than to dismiss”.

“The tribunal’s decision tonight is to proceed through the tribunal grievance procedure to decide that issue,” he said.

The hearing featured three hours of complex legal arguments from lawyers representing Lovett, the Saints, the AFL Players’ Association and the AFL itself.

The three-man panel at the tribunal hearing, which consisted of chairman Jack Rush QC, Kevin Power and James Dowsley, ruled that Lovett remained a player under the terms of the AFL collective bargaining agreement, despite his sacking.

Levin said there were still some options being looked at following the tribunal’s decision, with no decision expected to be made until after March 5 a written reason for the decision of the tribunal had been received.

Lovett’s sacking was one of several incidents in what has been described as a horror start to the season for 2009’s runners-up.

The Saints traded their first-round draft pick in October 2009 to recruit the troubled Lovett from Essendon, but immediately following the charges the club cited the midfielder’s previous indiscretions as a breach of his employment contract, therefore terminating it.

“During Andrew’s short period of employment with St Kilda, he engaged in a series of acts and omissions in breach of his employment contract, entitling the club to regard his employment as at an end,” the club said after the charges were laid.

“The St Kilda Football Club has relied on specific clauses within Andrew Lovett’s Standard Playing Contract and the AFL Players Code of Conduct, to permit termination of contract for breach of such clauses.

“Following Andrew’s previous arrest in November 2009, a recent Victoria Police investigation and the subsequent rape charge brought against Andrew, the club formed the view that Andrew’s conduct had brought the Saints into disrepute under his Standard Playing Contract, which entitled the club to terminate his employment. 

“The club would like to emphasise that all people charged with a criminal offence are entitled to the presumption of innocence.

“The Saints’ decision is not based on whether or not Andrew Lovett is innocent or guilty of the charge. That was not part of the club’s decision making process and is for the court to decide.”