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

A former referee is suing the NRL, claiming he was unlawfully dismissed despite his tenure ending when his fixed-term contract expired.

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 failed 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.

Tim Alouani-Roby was an NRL referee for five years. Picture: NRL Photos

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.

The NRL’s barrister Michael Seck argued that the high performance of match officials was critical to the success of professional sporting leagues like the NRL.

“Fixed terms are used to engage elite athletes everywhere - and match officials fall into that criteria,” Mr Seck said.

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.

He is suing the NRL. Picture: Supplied

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.

At the time, NRL head of football Graham Annesley confirmed the decision was incorrect and said it should have been picked up by the on-field referee and touchline officials.

“You only had to see a replay to know it wasn’t a try,” Annesley said.

“There’s three of them out there, and between the three of them they need to make the right decision.”

Cody Ramsey’s contentious try at the 2020 NRL Nines. Picture: Supplied.

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.

Justices John Snaden, Anthony Meagher and Jane Needham have reserved their judgment for a later date.

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