Member v Coach (with AWF)

In the arbitration proceeding between Member and Coach (with AWF), the primary dispute concerns allegations of bullying and discrimination by the Respondent against the Applicant. The arbitration was conducted to determine whether the Respondent's conduct amounted to bullying and discrimination under the Member Protection Policy (MPP) and, if so, what sanctions should be imposed. The arbitration was held before the Tribunal, which had jurisdiction under sections 24(1)(a) and 24(1)(b)(ii) of the National Sports Tribunal Act. The parties agreed that the Tribunal’s determination would be final and binding, subject to any applicable rights of appeal.

The legal issues before the Tribunal were twofold: first, whether the Respondent's actions constituted bullying and discrimination against the Applicant, and second, if such a breach was established, what sanctions should be imposed. The Tribunal carefully considered the evidence and submissions from both parties, focusing on the specific incidents involving the Respondent’s alleged conduct towards the Applicant at the Quaycentre gym. The Applicant claimed that the Respondent made derogatory comments and threats towards her, while the Respondent denied any wrongdoing and argued that his conduct did not amount to bullying or discrimination.

After examining the evidence and submissions, the Tribunal concluded that the Respondent's conduct did indeed amount to bullying and discrimination against the Applicant. The Tribunal found that the Respondent’s comments and threats were not only inappropriate but also created an intimidating and hostile environment for the Applicant. Given this finding, the Tribunal proceeded to determine the appropriate sanctions under the MPP. Ultimately, the Tribunal imposed a series of measures designed to address the breach and prevent future occurrences.

The Tribunal's final orders included a requirement for the Respondent to undergo mandatory anti-bullying and discrimination training, a formal written apology to the Applicant, and a stipulated period of probation during which the Respondent’s conduct would be closely monitored. Additionally, the Tribunal mandated that the Respondent implement enhanced monitoring and reporting mechanisms to ensure compliance with the MPP and prevent any future breaches.