« Cats Keep Dream Alive | Main | Thanks For The Porn »
July 28, 2006
Cats in Court
The disagreement between the club & former fitness trainer Loris Bertolacci looks like it will be settled in the court room:
The ugly stand-off between Geelong and its sacked fitness coach is headed for the courts, with lawyers representing Loris Bertolacci yesterday lodging unfair dismissal documents with the County Court.A statement of claim registered with the court is seeking a $200,000 settlement and could lead to a messy legal brawl.
Highly controversial allegations have been levelled by both parties, some involving the private lives of individuals still employed by Geelong.
Bertolacci's representative David Shaw, a partner with Holding Redlich, said events leading to the sacking in April were pertinent to the claim.
"The claim relates to the circumstances immediately leading up to the termination of his employment, but it may be that things which have occurred in the past would, in the running of the case, come out," Shaw said.
"Because all of the things that happened in the past created a context in which the termination occurred."
Shaw said the club had no right to sack Bertolacci, who he claimed was contracted to the end of 2007.
"Loris is claiming in excess of $200,000, that being the balance of the money owing on his contract," Shaw said. "Loris's contract has a provision in there that requires he not be terminated unfairly, and we are saying his termination was unfair.
"That means a breach of contract and when you have a breach of contract you are entitled to damages."
Retired Hawthorn footballer Nick Holland has been assisting Shaw with the Bertolacci case, having recently completed a law degree.
The lodgment of the statement of claim will be processed by the County Court before being served on Geelong.
Cats chief executive Brian Cook could not be contacted last night.
Both parties are legally required to try to resolve the matter via mediation, but if that fails, it heads to the courts.
"We wouldn't issue the proceedings if we didn't think it was a serious claim," Shaw said. "Loris is determined to follow it all the way through if necessary."
Bertolacci would not comment yesterday, but in June claimed he was not to blame for Geelong's fitness problems in the first half of the season.
He said Cats coach Mark Thompson adversely interfered with the pre-season program and the workloads of players Kent Kingsley and Steven King were the subjects of regular clashes.
"I don't think Geelong would seriously say in court that his performance as a fitness adviser was the cause of the lack of form of the club earlier in the season," Shaw said.
"Loris always acted in the best interests of his players and that is always what motivated his actions."
Bertolacci this month joined the Bulldogs as a consultant.
Posted by Sammy D at July 28, 2006 01:16 PM