Dugan legal threat
Former Shark looks at options after Covid breach sacking
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 player was wrongly terminated by the Sharks over alleged Covid breaches when travelling near Bathurst 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 direction under the Public Health Act. They have pleaded not guilty.
McGirr argued in Lithgow court on August 31 that the case against the pair was flawed because his clients had no knowledge of the Covid legislation or restrictions at the time. If Dugan loses the case, he will immediately appeal.
McGirr said his client’s contract at Cronulla was terminated due to the Covid charges.
“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.”
Dugan and Williams were driving from Gymea, in Sydney, to a property near Bathurst when pulled over twice in one evening and accused of breaking Covid legislation.
Police alleged they were travelling to regional NSW “without a valid excuse”.
Cronulla sacked Dugan and he retired before returning to play bush footy in NSW.
Sharks chairman Steve Mace declined to comment.