Former NRL star Josh Dugan could sue Cronulla Sharks for wrongful dismissal

Josh Dugan could follow in Todd Carney’s footsteps in a bid to win reparations over his messy departure from the Sharks that ended his NRL career.

Former State of Origin star Josh Dugan will consider suing Cronulla for wrongful dismissal over his messy departure from the Sharks that ended his NRL career.

Dugan’s solicitor, Paul McGirr, said the ex-NSW and Australian champion was wrongly terminated by the Sharks over alleged Covid breaches when travelling near Lithgow in the state’s central west in August last year.

The matter is before the courts with Magistrate Kasey Pearce to hand down her decision on December 2.

Dugan and his housemate, Ben Williams, were charged with two counts each of failing to comply with a noticed direction under the Public Health Act, to which they have pleaded not guilty.

McGirr argued in Lithgow Court on August 31 that the case against the pair was flawed as his clients had no knowledge of the Covid legislation or restrictions at the time.

If Dugan loses the case, he will immediately appeal.

Former NRL Star Josh Dugan and his friend, Ben Williams, leave Lithgow court. Picture: Jeremy Piper

McGirr said his client’s contract at Cronulla was terminated, in September last year, due to the Covid charges. Dugan was in the final two months of his Sharks contract, believed to be worth $850,000-a-year.

“He was terminated because of this breach, therefore, you would think if he had been terminated unlawfully, he would have to have a civil action,” McGirr said.

“And not only for the losses at the time for the particular matter but his name and reputation have been sullied. Josh Dugan has always declared his innocence in respect to this.

“It would be like me saying that you’re sacked for stealing something when it turns out you didn’t take anything.

“The law only changed a matter of days before (the incident) and he had the understanding he was doing the right thing and he was terminated on that basis.

“He is certainly looking at his legal options in respect to an action against his employer at the time.

“If the case is that he was terminated for this then he would certainly look at exercising his options.”

“Josh was given an exemption from wearing a mask, which he had a certificate, he was complying with every law, he was actually in the process of moving to those particular premises, had animals at the premises, had utilities directed to the premises and had a key to the premises.”

Pressed on whether Dugan himself would be open to the possibility of legal action, McGirr said: “Yes. Josh would certainly look at all avenues.”

In 2017, Cronulla reached a settlement with former player Todd Carney for an unfair dismissal claim brought against the club by Carney.

Dugan and Williams were driving from Gymea, in the Shire, to a rural property in Yetholme, 25 kilometres east of Bathurst, when pulled over twice by police in one evening and accused of breaking Covid legislation.

The pair pleaded not guilty to two counts each of failing to comply with a noticed direction under the Public Health Act.

Josh Dugan retired shortly after the Sharks terminated his contract last year. Picture: Matt King/Getty Images

Police alleged Dugan and Williams were travelling to regional NSW “without a valid excuse.”

Cronulla sacked Dugan over the charges and he retired before returning to play bush footy.

Sharks chairman Steve Mace preferred not to comment.

McGirr added: “The police that pulled him over at the time weren’t even clear on the laws and they had to return to their squad car on numerous occasions to actually look at the law and exemptions. How on earth can they prove that Josh Dugan had knowledge of the law when they didn’t even know?

“The law for this particular offence, with which he was charged with, said he had to have knowledge of the law and exemptions and that is very unique to any criminal matter.

“If he is found guilty at the Local Court, I still say there is a fundamental problem with the legislation and Josh would look very strongly at appealing it.

“With these offences, the law was changing every couple of days. The police case has a fatal flaw in it because no-one established that he actually had knowledge of this specific law at the time, which was ever-changing.”

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Originally published as Former NRL star Josh Dugan could sue Cronulla Sharks for wrongful dismissal