WA Appeal Suspension from Football?

[Sarah J]

Hi Michael72,

Yes, it sounds like they are a private institution (or non-for-profit). It does not seem like they are a state institution. You should follow the internal dispute resolution system (do they have an appeal)? If you don't like their rules/decisions, you could leave. However, the law can't really help you.

 

[Michael72]

I am following the internal disputes process but they did not forward the report directly to me denying me the 48 hour window for the appeal. This is the basis for the thread.

In conclusion, I have no legal right to natural justice of any kind because they are a private organisation. Their ruling is final and their failure to send me the ruling is my problem. Thanks for your advice Sarah J. I must complain vehemently to the highest body to be heard.

 

[Michael72]

Are their grounds to sue a private organisation for pain and suffering caused by their poor management of this situation?

 

[Sarah J]

Hi Michael72,

Have you tried writing to the body and asking for a time extension on the appeal? You can explain to them why you did not lodge an appeal application in time.

From the facts you provided, this will be unlikely. They do not owe a fiduciary duty to you, so poor management or lack of due care is not a ground to sue in this case. Pain and suffering is a remedy but not a ground in itself to sue. If you're still feeling aggrieved, speak with a lawyer. You can get a lawyer recommended to you here: Get Connected with the Right Lawyer for You - LawAnswers.com.au.

 

[Michael72]

The club wrote for an extension of time on the appeal based on the administrative issues. Yesterday I was granted the opportunity to apply for an appeal based on the club delegates not being available to forward the email.

 

[Tim W]

And have they restored your playing rights, pending the appeal?

 

[Michael72]

I am unsure of playing rights based on this response:

"Should you wish to proceed, it...[will be referred to our parent body]...who would initially consider your request
for an appeal and if granted, the appeal itself. Please note that while this process is taking place, you
are prohibited from acting in any official capacity until such time as the charge has been dealt with."

I think this relates to me umpiring games for the Juniors not me playing. Therefore, I should be able to play and spectate from the date of the request for appeal letter being received by the GNJFL .

 

[Tim W]

You should ask them exactly what they mean by it.
Over-officious and obscure language is a trademark of the petty bullying
you so often see in the management of amateur sport.

I think you'll find that they want you to stay away altogether.
But make them say so.

 

[Michael72]

Thanks for the thread Tim W, I will have the junior delegate clarify the statements before I play or attend any community fixtured match.

 

[Tim W]

Ask the person who signed the letter (whoever that was).