Tuqiri, ARU settle out of court

[AndyS]

The drawn-out sacking of Lote Tuqiri ceased on Monday when the player and the Australian Rugby Union announced an end to their court action.

The former Wallabies and NSW Waratahs winger had his $1 million a year contract torn up by the ARU on July 1, but the circumstances leading to his sacking were not made public.

The ARU said only that Tuqiri had breached the player code of conduct, but not the law.

Tuqiri, also a former rugby league international, took action against the ARU alleging unfair dismissal, but both sides objected to details being released.

"Following mediation discussions between the parties, an agreed settlement has been reached and Mr Tuqiri has agreed to discontinue his proceedings against the ARU and NSWRU," the ARU said in a statement released late on Monday.

"The parties do not intend to make any further comment."

http://news.rugbyheaven.com.au/break...0824-ewes.html

[Thequeerone]

so the rumours were true then

[Sheikh]

Which rumours? The article only says that the dispute was settled out of court.

The article doesn't say that there's gag orders on the release of information, but seeing as "both sides objected to details being released", I doubt we'll get an official explanation of what exactly went on.

Besides, it's much more fun to start rumours. How about: The ARU found out that Lote failed a gender-test as he plays like a girl.

(With appropriate apologies to our female readers.)

[welshrugbyfan]

Which rumours?

Besides, it's much more fun to start rumours. How about: The ARU found out that Lote failed a gender-test as he plays like a girl.

(With appropriate apologies to our female readers.)

[GIGS20]

GIGSa the prophet....didn't I say this would happen the instant the court order suppressing the release of the court documents was made by both parties.

I reckon Lote's done something naughty and the ARU has seen fit not to drag it's name through the mud in keeping the court battle going.

If Lote was squeaky clean he wouldn't have settled!

[sandgroperrugby]

Win Win for the ARU!!!

Lote goes back to the Mungoes and when he F$%^s up again the press will be all over him and JON can sit back smugly. As well as the ARU not tarnishing its reputation with Mungo antics!!!

[mudskipper]

The ARU would only reconcile and pay up to avoid setting a legal precedent... Lote Tuqiri won this one… Furthermore the ARU have split the Wallabies morale by this issue... I don’t believe for one minute the ARU are trying to protect Lote best interests… JON screwed up here, big time… well done gentlemen what’s next?

The ARU haven't won anything here... Deans is now short of players with international caps and we need them now...

"Following mediation discussions between the parties, an agreed settlement has been reached and Mr Tuqiri has agreed to discontinue his proceedings against the ARU and NSWRU,'' the ARU said in a statement. "Lote's very happy with the outcome and now he hopes the clubs are going to start dialling his number,'' Tuqiri's lawyer Mark O'Brien told the Nine Network.

[travelling_gerry]

Maybe Lotes very happy he didnt have his dirty jocks aired in public????

[Sheikh]

Well, Lote's lawyer is never going to say "Lote's totally p*ssed off, but he still hopes that some clubs want a demoralised player. Please ring! Please!"

Settling out of court generally means that both sides have given ground, so while neither is unhappy, neither will be totally happy, either. There's not enough info in the article, but I'd say the ARU would just be happy that they haven't had to pay $1million, and Lote's got a settlement which pays his legal fees and a little in the bank.

[The EnForcer]

There's a surprise......I suspect the players union investigation will disappear quietly too.

For a bunch of players and mates who were so upset at Tuqiri's treatment they have been remarkably quiet of late.

[travelling_gerry]

Wayne Smith | August 25, 2009
Article from: The Australian
AUSTRALIAN rugby was awash with rumours last night that the out-of-court settlement reached between Lote Tuqiri and the Australian Rugby Union would see the former Wallabies and Waratahs winger paid $2 million.

The tight secrecy that has prevailed ever since Tuqiri's $900,000-a-year contract was torn up by the ARU on July 1 following an alleged breach of the players' code of conduct remains in place, with details of the settlement subject to strict confidentiality clauses.

But informed sources have told The Australian that Tuqiri, who took legal action against the ARU for alleged unfair dismissal, was pursuing his former employers for the full $3.6-$4m he stood to earn -- including anticipated match payments -- by the time his contract expired at the end of 2012.

Whatever damages settlement Tuqiri receives would be tax-free. Sources close to the 29-year-old winger described him as being "over the moon" at the settlement, which requires him to discontinue his legal proceedings against the ARU and the NSWRU. It is understood the ARU made at least one attempt to settle with Tuqiri -- for a quickly-rejected rumoured $250,000 -- before the two parties last Friday entered into a day-long mediation process conducted by a retired judge.

"Mediation is where the court would have instructed us to go anyway," said ARU chief executive John O'Neill last night. "Mediation is about getting a commercial settlement, not about liability."

Asked why the ARU had agreed to go down the mediation path if its case against the high-profile dual international winger was so strong, O'Neill replied: "There were lots of pragmatic reasons. It was not in the best interests of the game to see this matter dragged through the courts for an extended period of time."

No sooner has one vexing problem been resolved than another looms for the ARU, with O'Neill not able to say whether any ARU payout to Tuqiri would come from player-generated funds or from the union's coffers. But Tuqiri's career as a fulltime rugby professional in Australia is over with O'Neill squashing speculation that the crowd-drawing

dreadlocked winger might be allowed to continue in the game with the new Super 15 franchise likely to be awarded to Melbourne later this year.

"The answer to that is no," O'Neill said. "Any Super rugby contract requires the ARU to be a party to it and we do not believe there is a place for Lote in professional rugby moving forward in this country."

Presumably a commitment by Tuqiri not to attempt to pursue his rugby career in Australia was required under the settlement. Otherwise the ARU could well find itself fighting a new legal battle against him, this time for restraint of trade.

Yet there is nothing to prevent Tuqiri continuing in rugby abroad, with French Top 14 club Bayonne believed to be pressing him to make a decision on his future. There would be no impediments to him resuming his footballing career in the NRL if he chooses to stay in Australia and return to rugby league.

But while Tuqiri is now officially gone from the game, the ramifications of his controversial dismissal are yet to play out within the ARU.

Even if the rumoured figure of a $2m settlement proves to be a wild exaggeration, the payout figure still is likely to put a massive strain on the ARU's bottom line.

http://www.theaustralian.news.com.au...015651,00.html

[shasta]

Seeing as the ARU is not a private company owned by individual(s), wouldn't there be a need to explain these actions to their stakeholders at some point? Every one of them has a right to know whether the CEO has lost $2m of their money on some personal vendetta or whether he was correct in his actions. He is an employee.

[mudskipper]

So the ARU have now paid huge costs for a player services which they can no longer use for the 2011 RWC run up.... really dumb stuff.... I hope Lote's legal team toasted them for being so foolish... CEO John O'Neill has become an autocratic dilettante...

[sandgroperrugby]

So the ARU have now paid huge costs for a player services which they can no longer use for the 2011 RWC run up.... really dumb stuff.... I hope Lote's legal team toasted them for being so foolish... CEO John O'Neill has become an autocratic dilettante...

So I guess you are a Lote lover by the sound of it.

I would rather the ARU lose money like this then lose money because a high profile player and pin up boy continually brings the game into disrepute. IMHO

[travelling_gerry]

Brad Walter, Greg Prichard and Greg Growden | August 26, 2009

LOTE TUQIRI would be unable to keep the reasons for his sacking by the ARU a secret if he wants to return to the NRL next season.

With Tuqiri and the ARU reaching an out-of-court settlement on Monday that precludes him from playing Super rugby for an Australian franchise, he is considering whether to head overseas or return to league. Tuqiri has already met Wests Tigers coach Tim Sheens, while a number of other clubs are interested.

Aside from a coffee with Sheens last week, Tuqiri yesterday revealed he had also spoken with St George Illawarra coach Wayne Bennett - his coach at the Broncos before he switched codes in 2002 - although mainly to seek advice.

A survey of NRL clubs yesterday confirmed interest from the Dragons, Roosters, Raiders and Warriors, but all said they had little - if any - money to offer Tuqiri under the salary cap. NRL chief executive David Gallop also warned that no contract with Tuqiri would be registered until the league was aware of the full details behind his sacking by the ARU.

''It would only would be fair to our stakeholders, including our players, who we hold accountable for their behaviour, to find out why the ARU terminated Lote's contract,'' Gallop told the Herald. ''We wouldn't register him to play until we learnt that. Rumours about the termination are just that. We would need to know the real story.''

Tuqiri confirmed his interest in returning to the NRL but would not rule out a move overseas to play rugby union - possibly in France, where he has been linked with Craig Gower's club, Bayonne.

''There's a few things going on and rugby league is certainly one of them,'' Tuqiri said. ''I've already spoken to people. I had a chat with Tim Sheens last week and I'll probably have a chat with a few other people over the next week.''

Tigers captain Robbie Farah said the club's players would welcome Tuqiri with open arms and urged management to do whatever it can to sign him.

''He's a dual international and I wouldn't be complaining if we signed him,'' Farah said. ''I'd urge the club to sign any international, especially someone who's got the experience he's got in both codes.

''Any signing like that, as we've shown with Gareth [Ellis, the English league international] this year, is always good, so I hope they can keep doing it. We knew Gareth was a big signing for us and he's had a massive impact on the club.

''I know he [Tuqiri] lives locally and Balmain's a nice area, so I'm sure he wants to stay around here and I'm sure he enjoys the views of the bay down there at Balmain. So, if he's listening, we want him.''

Sheens, who said he saw Tuqiri as a fullback, winger or centre, believes the former Brisbane Broncos star was genuinely interested in returning to the NRL. ''I don't think he wants to go overseas, although that's for him to say. But we've expressed an interest,'' Sheens said.

Asked if Tuqiri were ready to take the big pay cut that would be involved, Sheens said: ''Again, I think that's a question for him, really, not me.

''We had a coffee and a very light conversation about his thoughts about rugby league, and I think he's definitely interested in talking about rugby league.

''I think it's fairly well known he'd like to stay in Sydney for the short term, at least. But I suppose he's going to get a lot of temptations from overseas, so it probably comes down to [the fact that] there's a lot to do before he makes his decision.''

The Herald understands that the ARU's settlement with Tuqiri was a six-figure sum, and not, as reported elsewhere, a $2 million payout.

Given Tuqiri was believed to have the potential to earn $3.6m to $4m over the full term of his four-year contract, it appears he will depart from professional rugby close to $3m out of pocket.

Neither is the settlement payment tax-free. The ARU yesterday released a statement, which described reports of a $2m payout as ''wildly inaccurate speculation.''

http://www.rugbyheaven.com.au/news/n...e#contentSwap1