[Daanz-dip] Fwd: [Daanz-exec] Notice of Dispute - Re:Gong Con Affilliation

[Will Black]

A formal Dispute has been made against the DAANZ Affiliation for Gong Con
2006.

The Affilation of the tournament is suspended until the dispute is resolved.

Thanks

Will Black
President of DAANZ

---------- Forwarded message ----------
From: Sean Colman <sean at seropeco.com.au>
Date: Sep 15, 2006 4:40 PM
Subject: [Daanz-exec] Notice of Dispute - Re:Gong Con Affilliation
To: DAANZ-Exec List <daanz-exec at daanz.org.au>
Cc: president at daanz.org.au, returningofficer at daanz.org.au

 I believe I hold the same views as a large portion of the DAANZ Membership.
Your decision to affilliate a tournament for Bismark Cup & Masterpoints that
clearly has an agenda to exclude certain members of the DAANZ from
competing, and thus affecting their ability to enhance their position in the
Bismark Cup whilst other members are still able to compete is appalling. I
also note your personal apathy over the recent weeks and months towards the
guidance of the DAANZ. You are not elected to the committee to make
decisions that a majority of the Association favour, but decisions that are
consistant with the Constitution, and takes into account all members of the
association, and are consistant at law.

I hereby put the Association on notice of this dispute and insist that the
committee's decision be suspended until this dispute has been resolved as
this is a dispute with the association and not just with a member.

I also note there may be complaints lodged with the Anti-Discrimination
Board of New South Wales & The Equal Opportunity Commission Victoria in
relation to this matter. I further reserve my rights to seek costs against
the DAANZ if this is not resolved and further recourse at law is required.

Sean Colman

I copy for your reference
*DISPUTES AND MEDIATION*

   1. The grievance procedure set out in this rule applies to disputes
   under the Rules between
   (a) a member and another member; or
   (b) a member and the Association.
   2. The parties to the dispute must meet and discuss the matter in
   dispute, and, if possible, resolve the dispute within 14 days after the
   dispute comes to the attention of all of the parties.
   3. If the parties are unable to resolve the dispute at the meeting, or
   if a party fails to attend that meeting, then the parties must, within 10
   days, hold a meeting in the presence of a mediator.
   4. The mediator must be
   (a) a person chosen by agreement between the parties; or
   (b) in the absence of agreement-
      1. in the case of a dispute between a member and another member,
      a person appointed by the committee of the Association; or
      2. in the case of a dispute between a member and the
      Association, a person who is a mediator appointed or employed by
the Dispute
      Settlement Centre of Victoria (Department of Justice).
   5. A member of the Association can be a mediator.
   6. The mediator cannot be a member who is a party to the dispute.
   7. The parties to the dispute must, in good faith, attempt to settle
   the dispute by mediation.
   8. The mediator, in conducting the mediation, must
   (a) give the parties to the mediation process every opportunity to be
   heard; and
   (b) allow due consideration by all parties of any written statement
   submitted by any party; and
   (c) ensure that natural justice is accorded to the parties to the
   dispute throughout the mediation process.
   9. The mediator must not determine the dispute.
   10. If the mediation process does not result in the dispute being
   resolved, the parties may seek to resolve the dispute in accordance with the
   Act or otherwise at law.


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