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I am a swimming coach or was a swimming coach who had child…

I am a swimming...

I am a swimming coach or was a swimming coach who had child welfare claims leveled against me that could not be substantiated and dismissed. Swimming NSW and Swimming Aust even though found to of acted against their own policies and without Natural Justice just sweep me under the carpet and refused to renew my licence. This dragged on for for 18 months and took a toll on me physically and mentally and at great cost financially. I now have no job and no licence. I have been offered employment but SNSW and Swimming Aust have held open false accusations against me. I have a Appeals document which outlines what they have done wrong and their short coming in their policies and processes but they have chosen not to listen to the truth and the evidence. I do not know why? And they will not explain they just want me gone. As i spoke up for my rights and refused out of principle to say sorry for something i had not done and move on. Child Welfare is a serious complaint and to take unsubstantiated complaints and label me guilty was extremely unjust and the Appeals Panel told them so. It fell on deaf ears!!! I would like my licence back what can i do please??

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

NSW

Lawyer's Assistant: Has anything been filed or reported?

Sorry if i am in the wrong place i have just tried to navigate the Ombudsman's site without success:)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This is my last resort as nobody want to take on a state organisation!!

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Answered in 5 minutes by:
1/19/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,951
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Good Afternoon

Do you have a copy of their policies?

Can you identify the breaches?

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Customer reply replied 7 months ago
the Appeals Panel was headed by a Barrister and documented all in their 17 page response!

Good Afternoon

What were the findings of the appeal panel?

Do you have a ruling?

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Customer reply replied 7 months ago
All findings dismissed from SNSW tribunal

Good Afternoon,

I understand that the allegations were dismissed, but what did the tribunal actually say about the failure of swimming New South Wales to follow their own procedures and its impact on you?

This is important if you are to take some form of action seeking compensation that as a result of the failure it has caused you to not be able to find work in the industry and if they distributed information which was against their policies you may have an action defamation.

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Customer reply replied 7 months ago
It is a 17 page legal document quite complicated. One example is they took fresh evidence and i did not get to respond they (SNSW) failed to pass on the information. They also state that the complaints as written do not match the claims made, example claims of verbal abuse i did not utter one word in the example? On 3 occasions i was not afforded Natural Justice as per their policy!

Ok

With the decision what ruling did they make?

did they award you any form of compensation or doesn't the tribunal have the authority to do that?

Were you represented during the process?

The problem is your reputation has been affected and as a result you cannot get work. You would have to do the able to prove that had they given new natural justice that your job prospects would not have been affected.

If you cannot show that had you been afforded natural justice would still have a job then a court will not issue you with any compensation.

Does the decision by the tribunal actually say you were not afforded natural justice or a you saying they failed to give you the opportunity to respond? This is very important.

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Customer reply replied 7 months ago
This is one paragraph from the Notice of Appeal:The Tribunal erroneously based its disciplinary measures on breaches by the Appellant of Clause 2 of the Child Welfare Policy (CWP) and Clause 5(b) of the Member Welfare Policy (MWP), in circumstances where the Tribunal could not have found a breach of those clauses.
Customer reply replied 7 months ago
It states it several times i will read through and find a paragraph for you:)

Good Afternoon,

It is clear that they set aside the decision that was originally made because of these areas.

I do not believe you can hold a tribunal liable for you not be able to get work

But the New South Wales swimming Association who bought the action, if they have failed and defamed you there may be an action against them for compensation.

But you cannot hold a tribunal responsible they are immune from prosecution. You can only appeal the decision which you have done and successfully done so.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Customer reply replied 7 months ago
Thanks Leon I am just a single person that has been run over, but still fighting to make a life for myself:)
Thank you for your time BIG BROTHER wins:) Life is not fair unfortunately:))

Good Afternoon

I am sorry I could not give you anything more positive.

Please do not forget to rate my work 5 stars so I can be paid.

Regards

Leon

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Customer reply replied 7 months ago
Is the Ombudsman able to assistant in any way?

Unfortunately no there is no ombudsman.

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Customer reply replied 7 months ago
Will do:))

Thank you

Regards

Leon

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Customer reply replied 7 months ago
Luck of the Irish have a great weekend:)

You too

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,951
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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