The players should sue the club, this advice is based on the fact that 34 senior players of the club were found culpable of doping violations after the AFL-ASADA investigation. The club was responsible for their suffering and should seek compensation. It therefore means that the club had played part in actions that led to the players testing positive for doping substances. The club was operating an experiment for supplements programme. Another reason why the players should sue the club is because it self-reported itself to ASADA prompting investigations to start. The club is solely responsible for this and should be sued for carrying out tests for supplementary programme and treating them like lab rats. So many lives apart from the players were affected, from their families to their friends who had so much stress caused by the anxiety of not knowing where the careers of their loved ones were headed.
The players should sue as a class action instead of individually. Class actions are demands made by a representative on behalf of groups of people in similar situations. Class action lawsuits are a non-traditional litigation procedure that allows a representative with typical claims to sue or defend on behalf of, and appear in court by, a class or group of persons when the matter or issues are of common interest to people so numerous that they make it impracticable to take them all before a court. A class action starts when a representative who wants to pursue a case knows that there will be more parties who will want to join. For example, if one of the players of the club wanted to take legal action against the club, he had knowledge that other players would want to join in the litigation. This would prompt them to take class action to share the legal costs.
Class action is advisable in this case because it would limit individual costs and the litigation would gain more traction (Friedenthal, Kane and Miller, 2015). The players affected by this doping investigations were 34 in number and this means power. Class actions are effective in eliciting a reaction unlike in individual lawsuits that are considered as part of normal business.
Factors that should be considered before taking class action include; Time- unlike individual suits , class action may take longer because of the number of people involved. Thus, Essedong players should consider that their careers will be affected or they may take longer to get back into the field because the class action may take longer (Waller, 2007). Another factor to consider is that usually the payout is minimal for class action; although those joining class action share expenses, the payout is not as large compared to what one would have got if they pursued the matter individually (Friedenthal, Kane and Miller, 2015). Another factor that should be considered by the players is that once they join the class action , they forfeit their rights as individuals and therefore they should know that the case will be treated as one despite there being different circumstances of occurence for each individual member.
The legal cost were borne by the parties as they were represented by their lawyers , but intead legal costs for the players should be borne by the football club. The justice was done in this case because the players were suspended for two years and the coach and Stephen Dank was handed a lifetime ban for his role in the saga. Justice was done in regards to the coach because he should not be allowed to steer any football club after being at the center of the saga (Friedenthal, Kane and Miller, 2015). Although on the part of the players it was rather harsh and the reason why they attempted to appeal against the decision by the court of arbitration for sport decision which was apealling AFL’s anti doping tribunal’s decision that the players were not guilty of using a banned supplement (Friedenthal, Kane and Miller, 2015). It can be argued that the players were not aware that the test on them for a supplement programme was a decision from the club not theirs.
Friedenthal, J., Kane, M. and Miller, A. (2015). Civil procedure. St. Paul, Minn.: Thomson/West.
Waller, M. (2007). Civil procedure. London: Sweet & Maxwell.