Michael Close suing the AFL and Brisbane over Etihad surface

[Requiem]

Remember that the AFL gave the okay to this surface before covering it with a beer mat.

Jesus Christ, talk about cutting costs.

 

[00Stinger]

It’s not about him being ‘s**t’. If he had an AFL contract and he was injured and could no longer play, then he definitely has a case to say that he could’ve continued on as a player and earned that kind of money. Why not?

If the surface he played on was inadequate to perform his job, then he can definitely sue.

could've continued as a player?

that is a pretty big variable to be honest. Especially considering his performances both before and after his knee injury were dismal at best.

Could the Brisbane Lions and the AFL potential counter argue that he would have been delisted earlier if it were not for his knee?

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[Requiem]

could've continued as a player?

that is a pretty big variable to be honest. Especially considering his performances both before and after his knee injury were dismal at best.

Could the Brisbane Lions and the AFL potential counter argue that he would have been delisted earlier if it were not for his knee?

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There are many reasons no one picked him up after being delisted.

He's a dime a dozen Tall.

 

[Power Raid]

employers have an obligation to make a safe work environment. Ethiad is s**t and thus the AFL must pay.

workers have rights

 

[iBeng]

I think we kept him on more to help with his rehab and to give him another post ACL crack at it, but then we put our eggs in the Hipwood/Schache/Walker basket, and we know what happened with Schache. Now we have Bellanden and a few projects on the go. So its likely he was going to be delisted anywho.

 

[00Stinger]

employers have an obligation to make a safe work environment. Ethiad is s**t and thus the AFL must pay.

workers have rights

Yep your right. Let us treat it like a real workplace!

Tackling can cause injury and is an unsafe work practice. Lets outlaw it
It's unsafe to work outside in the rain. Call games off once it starts raining
It is harassment to be followed around and bumped in a workplace all shift. Ban any close defending
It is harassment and bullying to be screamed as by your manager. Ban coaches from giving any players a spray or raising their voice


I want work safe to turn up to every training ground and do a thorough inspection to make sure there are no divets or uneven ground. If there is I want a walk off site action to be taken.
Any player that sustains a cut or any injury should not be expected to remain on the ground. It is unsafe to return to work!

 

[iBeng]

Theres a fine line between: Its an occupational hazard you may get hurt. And: Heres your workplace, you MAY snap the tendon in your knee and be forced to quit your job early, good luck.

 

[demondavey]

could've continued as a player?

that is a pretty big variable to be honest. Especially considering his performances both before and after his knee injury were dismal at best.

Could the Brisbane Lions and the AFL potential counter argue that he would have been delisted earlier if it were not for his knee?

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Well I think it’s to big a variable to dismiss to be honest, I mean, was it in writing that he was on the way out? I don’t think so. Look at someone like Liam Jones, he completely revitalised his career, and other players have done so by being shifted to different areas of the ground. Tom Lonergan another.

It’s very difficult to say he wouldn’t have been able to derive an income from playing AFL, at the bare minimum the length of his contract. As a young player I feel that he would have a case, absolutely.

I honestly don’t think his ability would need to come into it, if he was on an AFL list there would need to be consideration that he would’ve been for a period of time deemed fair and reasonable given his age and potential earning capacity. Same example as a plumber. If I am a poor plumber with poor workmanship, but I get injured and can’t fulfill that work, then dependent upon my level of insurance depends on my compensation.

He could’ve been deemed able to continue to play football for X amount of years. At an absolute minimum if the surface was unsafe he should be compensated for the totality of the injury costs plus the remainder of his contract. I guess beyond that would be considered in a reasonable manner.

 

[demondavey]

Yep your right. Let us treat it like a real workplace!

Tackling can cause injury and is an unsafe work practice. Lets outlaw it
It's unsafe to work outside in the rain. Call games off once it starts raining
It is harassment to be followed around and bumped in a workplace all shift. Ban any close defending
It is harassment and bullying to be screamed as by your manager. Ban coaches from giving any players a spray or raising their voice


I want work safe to turn up to every training ground and do a thorough inspection to make sure there are no divets or uneven ground. If there is I want a walk off site action to be taken.
Any player that sustains a cut or any injury should not be expected to remain on the ground. It is unsafe to return to work!

Looking at it the wrong way Stinger. All the variables you’ve mentioned are within the rules of the game. The preparation and institution of a safe working environment is a bare minimum requirement.

 

[demondavey]

I think we kept him on more to help with his rehab and to give him another post ACL crack at it, but then we put our eggs in the Hipwood/Schache/Walker basket, and we know what happened with Schache. Now we have Bellanden and a few projects on the go. So its likely he was going to be delisted anywho.

Doesn’t matter though. He could argue it may not have been likely given his potential success through rehabilitation.

 

[Power Raid]

Yep your right. Let us treat it like a real workplace!

Tackling can cause injury and is an unsafe work practice. Lets outlaw it
It's unsafe to work outside in the rain. Call games off once it starts raining
It is harassment to be followed around and bumped in a workplace all shift. Ban any close defending
It is harassment and bullying to be screamed as by your manager. Ban coaches from giving any players a spray or raising their voice


I want work safe to turn up to every training ground and do a thorough inspection to make sure there are no divets or uneven ground. If there is I want a walk off site action to be taken.
Any player that sustains a cut or any injury should not be expected to remain on the ground. It is unsafe to return to work!

or perhaps just treat it like we already do and this is also on par with other risky activities like roller coasters.

employers and the owners don't have an obligation to remove inherently risky elements by the nature of the activities. but they do have an obligation to ensure the equipment and environment is safe.

 

[Demonic Ascent]

Of a settlement maybe for th AFL to shut him up.
What grounds does he have in a sport where injury risks are well known?

They could still be sued for negligence I assume if the playing surface presents an occupational healthy/safety risk.

 

[3KZ is Football]

Good luck to him.

 

[Catoggio76]

Claiming his ruptured ACL ended his career based on where he did it on the edge of Etihad. Legal action not backed by AFLPA.

Interesting.

Why is AFLPA silent?

 

[jatz14]

They could still be sued for negligence I assume if the playing surface presents an occupational healthy/safety risk.

Such legislation typically specifically excludes sports. Its why he is suing. If OHS applied, he would be already covered. A legitimate tackle would be an unacceptable risk by OHS standards.

 

[jatz14]

Why is AFLPA silent?

Is it in the collective interest of the players for individual players to successfully sue the AFL? It may be in some of their individual interests, not sure it in the collective interest.

 

[Demonic Ascent]

Such legislation typically specifically excludes sports. Its why he is suing. If OHS applied, he would be already covered. A legitimate tackle would be an unacceptable risk by OHS standards.

No that is part of the game and different to providing a playing surface that does not meet safety standards.