News Hawthorn Racism Review - No player name speculation - opposition posters tread very carefully

[Strapping Young Lad]

Wrong. Hawks did what they had to do by the rules of the AFL.

Correct. For reference below, once the HFC had the report outlining serious allegations they were duty bound by the AFL’s protocol to hand over the report to the AFL integrity unit.

I will pin this post, as it seems to be a constant query.

 

[HedgeFund]

Imagine being on a board and receiving a massive document that has some huge allegations and story’s from past players about your club!!!

You are not going to ring up the people named and say, take a look over this and let us know what you think.

Did Hawthorn really have any other option but to take it directly to the AFL?

If you scroll back to the top to read the useful flow chart Strapping Young Lad has "stickied" - it would appear we had no option but to take it directly to the AFL.

I wish every who wants to post here, and be critical of the club somewhat, would bother to read that first. It might give you reason to pause.

 

[The hands of stone]

Clarko, Fagan and Burt won't appear at the mediation the club's lawyers and senior management will.
However, if it goes to court then HFC can call Carko, Burt, Fagan as witnesses or at least get a witness statement from them.
If we agree to pay money (which is what this is all about) we can lay the blame fairly and squarely at the feet of (rogue) former employees if they (one in particular) keeps trying to throw HFC under the bus.
We will lose some bark out of this and the AFL better stump up a better distribution for HFC to cover the outlay to make it go away.

Am I right in saying that we potentially reach a settlement with the aggreived parties at the mediation ?

 

[Yardie]

They're suing the club. Here we go.

They are progressing it forward. Don't be surprised if it doesn't end up there.

 

[HedgeFund]

So can someone explain what this means in a pretty simple way for someone with limited legal knowledge ( me )
Cheers

AFL tried to shoehorn everyone into a mediation process which they could control.

Several parties refused to participate from the outset and now a few others, including Clarko, have also backed out.

Two families who weren't going to opt into the AFL mediation process have now indicated, via their lawyer, that they will commencing court proceedings.

The AFL have lost control of this - which may not be a bad thing in the long term.

 

[Lickmesocks]

There is a really good chance Clarko has seen the statements and documents and probably knows who has made the accusations and this may have set off something in him .

Jeff today gave up a lot of hints without giving up everything if you listen to the interview carefully.

Things like “Clarko is a volcano” and referring to things that may have been said in the past at that time perhaps may have been accepted, and now no longer are.

 

[TylerDurden]

There is a really good chance Clarko has seen the statements and documents and probably knows who has made the accusations and this may have set off something in him .

Jeff today gave up a lot of hints without giving up everything if you listen to the interview carefully.

Things like “Clarko is a volcano” and referring to things that may have been said in the past at that time perhaps may have been accepted, and now no longer are.

By pulling out of the AFL process, he's also put the onus on the HFC. Great deflection. Seems like we'll wear most of the heat from here. He's gone from being the accused, to merely a witness. Well played again Clarko. Smart man.

 

[m0zza]

Civil cases will always include ALL possible defendants, in particular those with the greatest capacity to pay
That means those named in the report, HFC and the AFL
Court ordered mediation is a certainty
No party to the case can refuse that mediation

 

[brad sue well]

Have you got a link to this, because I would suggest it’s not something that just gets glossed over.

North Melbourne President Dr Sonja Hood, Nick Riewoldt, David Rhys-Jones - The Rush Hour podcast - Thursday 18th May 2023 - The Rush Hour Melbourne Catch Up - 105.1 Triple M Melbourne - James Brayshaw and Billy Brownless

Triple M’s Rush Hour with James Brayshaw and Billy Brownless will get you home from 3-5pm Monday to Friday. They’ve got Melbourne stitched up, with the biggest names in town joining them in the studio every day. Plus your favourite segments like Billy’s Bake, what have you seen…unusual, the...

pca.st

 

[TylerDurden]

Civil cases will always include ALL possible defendants, in particular those with the greatest capacity to pay
That means those named in the report, HFC and the AFL
Court ordered mediation is a certainty
No party to the case can refuse that mediation

Thanks for clearing it up.

 

[Lickmesocks]

By pulling out of the AFL process, he's also put the onus on the HFC. Great deflection. Seems like we'll wear most of the heat from here. He's gone from being the accused, to merely a witness. Well played again Clarko. Smart man.

Hmmm. Not good.

 

[m0zza]

Thanks for clearing it up.

Hey I don’t know anything
But lawyers,like bank robbers always go where the money is
The more the better
And in this case the AFL has more than HFC and HFC has more than the named former employees
It would not be difficult to construct a case for the AFL to have procedures in place to ensure player welfare

 

[peetoo]

The AFL whose rules mandate the forced termination of at least three employees from each list each year?

 

[m0zza]

The AFL whose rules mandate the forced termination of at least three employees from each list each year?

How do you think a court challenge to the draft would play out

 

[The Jet From Poowong]

What would have been the reason for the delay in taking civil proceedings for the two parties that said they were not going to participate in the AFL enquiry. Why now? Why couldn't it have been earlier to save their clients from the 8 months of heartache as claimed?

 

[peetoo]

How do you think a court challenge to the draft would play out

Just wondering if it will be found to be a close causal link

 

[Billyc]

Can we force witness statements from them? Clarko appears absolutely unwilling to talk.

Can’t force witness statement. Could subpoena them to give evidence in court.

But if civil claims are being litigated, Hawthorn and its insurers will settle and will probably acknowledge some wrongdoing and apologise as the employer. It is doubtful the accusers will resolve it without that. Clarkson will have no role in that and he has no rights or recourse for how Hawthorn resolves litigation against it

If he wants his day in court, he will need to sue the ABC for defamation

 

[Suntory Boss Coffee]

Can’t force witness statement. Could subpoena them to give evidence in court.

But now civil claims are being litigated, Hawthorn and its insurers will settle and will probably acknowledge some wrongdoing and apologise as the employer. Clarkson will have no role in that and he has no resource for how Hawthorn resolves litigation against it

Wonder how much this will hit our bottom line.
Do we expect insurance to foot 100% of the bill?

 

[Brishawk]

but won't this force them into mediation?

Liability sits with the club not its former employees. So mediation will be with hfc and the players and their familes. Clarko is a witness.

 

[HedgeFund]

By pulling out of the AFL process, he's also put the onus on the HFC. Great deflection. Seems like we'll wear most of the heat from here. He's gone from being the accused, to merely a witness. Well played again Clarko. Smart man.

Nup.

He will be the Second Defendant Fagan the Third Defendant and Burt the Fourth Defendant

The club will be the First Defendant.

Possible that Newbold or Stuart Fox could also be added.

All will be on the hook unless / until they can get themselves off.

That’s the way civil damages litigation works.

 

[brad sue well]

The AFL whose rules mandate the forced termination of at least three employees from each list each year?

AFLPA and maybe CBA may refer to minimum standards. IPDMs have been mandatory for 2 years? HFC had one at the time, but was frozen out.

 

[HedgeFund]

Liability sits with the club not its former employees. So mediation will be with hfc and the players and their familes. Clarko is a witness.

A tortfeasor is a person who commits a wrong to another - including psychological injury

That is often an individual, not an employer organisation.

If it occurs in an employment situation then the employer is often joined, sometimes as the head Defendant.

Consider this in the vexed defamation context other have claimed would arise at some stage.

You don’t just sue the publisher, you also sue the journalist / commentator / author who wrote the article.

 

[Crankyhawk]

I back gowers as our president now that he’s there

I would have thought he should be speaking defending our club and getting the facts clarified rather than Jeff

He was, just on a different radio show

 

[SJT76]

I’m not familiar enough with insurance: is HFC likely to have insurance that covers the claims?

If so, the insurers will take over the defence. So, once again HFC will be in the gun but not calling the shots

 

[theiaofseed]

Who at hawthorn has blood on their hands, according to Jordan Lewis

Jordan Lewis

Age

38

Ht

186cm

Wt

86kg

Pos.

D/M

Career

Season

Last 5

D

23.5

5star

K

12.1

4star

HB

11.5

5star

M

5.5

5star

T

2.7

4star

MG

310.5

4star

No current season stats available

D

15.0

4star

K

6.8

3star

HB

8.2

5star

M

4.8

5star

T

2.8

5star

? Is he talking about the blood of Clarkson? or the alleged victims of Clarkson's actions?

 

[Bugs1977]

The " organisation is bigger than football" is uttered by Clarko but unfortunately, for him and the HFC, it was forgotten for a fair few years. İf there is any wrong doing by our club, it's the governance or lack of in by the way Clarko had the KEYS at the club.
Clarko is pissed at the club for getting no warning about the report we started.

The AFL not happy with the findings but cannot be angry at the HFC either, they can't be upset about a club doing the right thing.

Agree with everything you said