Tim Alouani-Roby: Ex-referee suing NRL makes big claim

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Tim Alouani-Roby: Ex-referee suing NRL makes big claim

After being defeated on three previous occasions, an ex-NRL referee is suing rugby league’s governing body, arguing he was unlawfully dismissed after being subjected to “bullying” and “discrimination”, his lawyer has told a court.

Tim Alouani-Roby is suing the game despite his tenure ending when his fixed-term contract ended at the end of the 2020 season.

He earlier this year lost his lawsuit against the NRL in the Federal Court after claiming he was unlawfully sacked at the height of the Covid pandemic.

He had previously ******* when he took action against the NRL at the Fair Work Commission, before he unsuccessfully appealed that decision to the full bench of the Fair Work Commission.

The Fair Work Commission found the Englishman’s employment was merely not renewed at the end of a 12-month contract that expired on November 30, 2020.

It was a decision that was upheld by the Federal Court in January, but Mr Alouani-Roby is now appealing that decision before the full bench of the Federal Court.

Camera IconTim Alouani-Roby was an NRL referee for five years. NRL Photos Credit: Supplied

Mr Alouani-Roby refereed in the English Super League before emigrating to Australia in 2015 to take up a role with the NRL, which sponsored his visa.

During his time with the NRL, he was employed on a series of one-year contracts.

The NRL has argued that his employment ended at the conclusion of his contract and denied he was dismissed.

In documents tendered to the Fair Work Commission, Mr Alouani-Roby earnt $132,000 during his final contract in 2020.

It was alleged he was the victim of “bullying culture”, his solicitor Michael Harman told the court on Monday.

He alleged that the NRL had “manipulated” Mr Alouani-Roby’s performance criteria so that he was ranked at the bottom of the refereeing group.

Following the 2017 World Cup, Mr Alouani-Roby holidayed in Vietnam where he contracted an illness that caused him to suffer from chronic fatigue, the court was told.

data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///ywAAAAAAQABAAACAUwAOw==Camera IconHe is suing the NRL. Supplied Credit: News Corp Australia

And he alleged that he was forced to perform through his fatigue and was told he was “soft”, the court was told.

Mr Harmer told the court that he alleged it amounted to “disability discrimination”.

The Federal Court was told earlier this year that in June 2020, Mr Alouani-Roby met with his bank to sign a home loan contract and told his boss he would be late for work that day.

But 35 minutes later, on a video call, he was told by then general manager of elite officiating Bernard Sutton that his contract would not be renewed for the 2021 season.

In late July 2020, he emailed the NRL a medical certificate saying he would be going on stress leave. He did not return to work before his contract expired, the court was told.

Mr Alouani-Roby also claimed that a decision had been made in February 2020 – and relayed to the referees’ union boss Silvio Del Vecchio – that he would not have his contract renewed at the end of the season.

Earlier that month, Mr Alouani-Roby was involved in a refereeing howler at the NRL Nines when he was serving as the in-goal referee and St George Illawarra were incorrectly awarded a try when Cody Ramsey grounded the ball over the touchline.

data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///ywAAAAAAQABAAACAUwAOw==Camera IconCody Ramsey’s contentious try at the 2020 NRL Nines. Supplied. Credit: FOX SPORTS

The court was previously told that in 2019, Mr Sutton told him: “We have had meetings about your improvement plan.

“If we are in the same position this time next year, then this could be your last contract.”

Mr Harmer argued that Mr Alouani-Roby’s contract was terminated at the NRL’s initiative, not at the end of a limited-term contract.

The court was told that he was one of two referees – along with veteran Gavin Badger – whose contracts were not renewed at the end of the 2020 season due to poor performance.

The hearing before Justices John Snaden, Anthony Meagher and Jane Needham continues.

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