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Thread: Western Force legal action becomes war of words

  1. #1
    (formerly known as Coach) Your Humble Servant Darren's Avatar
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    Western Force legal action becomes war of words

    http://www.news.com.au/perthnow/stor...005403,00.html
    Nick Taylor
    November 24, 2007 08:30pm

    THE WESTERN Force legal action against one of its former senior employee's erupted into a dirty war of words last night.
    RugbyWA, the Force umbrella body, is suing its former chief financial officer David Round over allegations that he leaked confidential information.

    The action followed an internal investigation by the Force to uncover the source of information that led to the Australian Rugby Union fining the club $150,000 for breaking protocol and rules over the recruitment of senior players.

    A writ was lodged in the Supreme Court in September and the Force was given permission by the court to raid Mr Round's home and new business in the search for evidence.

    Force chief executive Peter O'Meara said: ``This is not about silencing a whistleblower. It is about the disclosure of confidential information.

    "Most employment contracts have confidentiality clauses.

    "What's the point of having a clause if you are not prepared to enforce it.''

    Mr Round did not return calls made by The Sunday Times but his lawyer Dan Dragovic said:
    "RugbyWA is suing my client. They are alleging that he breached certain obligations of confidentiality they say were owed to them, and we have denied those allegations.''

    A newspaper report that claims Mr Round was assaulted by several Force players in a Sydney bar after their match against the Waratahs in March has been denied by the club.

    Mr O'Meara said: ``The players categorically deny the claim. My daughter was with them and didn't see a thing."

    Another newspaper report claims the Force made secret payments over an alleged assault involving halfback Matt Henjak when he was playing with the Brumbies.

    The incident is alleged to have occurred in a South African nightclub while Henjak was on tour with the Brumbies in 2004.

    The report claims a South African national was paid more than $15,000 earlier this year and has dropped police charges and a civil case over the alleged incident.

    Henjak joined the Force in 2005 and the club helped Henjak make the payment.

    Mr O'Meara said: ``The incident in question occurred before Matt joined the Force."

    "The ARU was aware of it before we were and is aware of how it panned out.''

    The rarely used civil search order granted by the Supreme Court is known as an Anton Piller and provides the right to search premises and seize evidence without prior warning.

    Because of the sensitivity of the order Anton Piller's are only issued in exceptional circumstances and there has to be an extremely strong prima facie case, the damage has to have been serious and there must be clear evidence that the respondent has incriminating documents or information and that there is a possibility that it could be destroyed.

    Confirming the legal action, a RugbyWA statement said: "The court does not take these search orders lightly, and only grants them where there is good cause.''

    Mr Round quit as Force chief financial officer in January and joined Bankwest but three days later returned in a chief operating role.

    Then in May he resigned again, this time to join Ironbark Gold as chief financial officer and company secretary

    "He left (the Force) of his own free will. In fact he left twice.

    "The first time he lasted three days in his new job before coming back to us with his tail between his legs asking for his old job back.

    "When he left the second time a few months later, again it was of his choosing.

    "In fact, we found out he was going through a stock exchange announcement by his new employer, Ironbark.

    "His unexplained actions have damaged rugby''.

    The Force made the secret payments to players who were supposed to have been paid for work outside rugby but when jobs were not forthcoming the club paid the shortfall after establishing a $3000,000 fund for payments.

    Although the deals breached ARU protocols, the players were not aware of any potential breach.

    The money was in the club annual accounts but did not appear as player payments.

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  2. #2
    Champion Contributor Jehna's Avatar
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    He forgot to claim that the Force players secretly murdered him as well....he shouldn't forget that accusation...

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    Immortal GIGS20's Avatar
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    Add libel to that list. I'm sure they called him a good bloke in some publication somewhere!

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    C'mon the

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