McHunt
International Rep
Contributor
- Aug 25, 2018
- 17,984
- 31,043
Boxing and UFC are about to end then
Are players "employees" though, or are they self-employed contractors? WHS laws are different for each. I'm only familiar with construction where the Principal Contractor is ultimately responsible (though everyone has a duty of care to themselves and each other too) - I wonder how the law applies to a situation like the NRL.
They've clearly gotten advice that they need to "do more" to prevent head knocks, but at some point there is a residual risk. You will NEVER eliminate head injuries in rugby league. Similarly in construction, there are always residual risks and shit can always happen no matter how much work goes into risk assessment and control.
I'm not trying to give legal advice - I'm not qualified to do that - but the concept of a duty of care is pretty straightforward. If the NRL organizes a business that it knows implicitly carries a high risk of this nature, and it turns a blind eye to it or acts in a way that is knowingly inept, it certainly opens itself up to class litigation.
It's in the NRL's best interest to stay ahead of this knowledge curve, and that's what it's doing.
The more I think about what happened in the Magic Round, the less inclined I am to rail against what we've taken for granted as part of the spectacle, as disappointing as it's been.
If it's any consolation, when I was at school it was OK for teachers to physically punish and humiliate you in front of the class. The older I get the more I wish that on the youth of today.