‘It Might Not Be Over’: AFL Star’s Vaccine Mandate Legal Challenge Dismissed

Warren Tredrea was seeking $6 million in damages.
‘It Might Not Be Over’: AFL Star’s Vaccine Mandate Legal Challenge Dismissed
(chatuphot/Shutterstock)
Monica O’Shea
3/18/2024
Updated:
3/18/2024

Port Adelaide AFL great Warren Tredrea has lost a COVID-19 vaccine legal challenge against media outlet Channel Nine.

The former star was seeking $6 million (US$4 million) in lost wages, but the case was dismissed and costs were awarded to Nine.

Mr. Tredrea argued he was unfairly terminated from his $192,500 a year contract as a South Australian sports presenter in January 2022 for refusing to get the vaccination.

However, Justice Geoffrey Kennett ruled in favour of Nine, finding that the network had a right to terminate the contract to protect itself from reputational damage.

“The evidence does not show that the decision to terminate the Services Agreement was anything other than a reasonable one, in the sense of a bona fide attempt to protect Channel 9’s legitimate interests in response to the circumstances,” the judgement states.

The court ruling noted Mr. Tredrea had been directed to confirm his vaccination status in mid-October 2021 and had not done so by Dec. 1.

“He had still not done so in early January 2022 when the decision was made. A natural inference (especially in the light of the Radio 5AA comments) was that he was not vaccinated and had no intention of being vaccinated, but did not wish to confirm that in writing to Channel 9,” the judgement said.

The case considered not just dismissal for the COVID-19 vaccine, but also his performance as a sports presenter and reputational damage.

“Channel 9 had formed the opinion that conduct of Mr. Tredrea had the potential to damage its reputation and business interests,” the court ruling states.

“Even if it was harsh or unfair for the services agreement to provide for termination on the basis of non-compliance with a direction to be vaccinated for COVID-19, it would be incongruous to amend the Agreement so as to provide for compensation in the event of its termination where the termination was supported by other grounds as well.

“It would only be appropriate to provide for compensation where the sole ground for termination was non-compliance with the direction being complained of.”

Mr. Tredrea’s legal team will have the opportunity to file a written submission to dispute the judge’s order on costs.

“There is no apparent reason why costs should not follow the event. However, the applicants’ written submissions indicated their desire to be heard on costs. My orders will therefore allow the parties an opportunity to file written submissions should any party seek an alternative order as to costs,” the judgement states.

AFL great Warren Tredrea at the Port Adelaide headquarters in Adelaide, Australia on July 27, 2010. (Morne de Klerk/Getty Images)
AFL great Warren Tredrea at the Port Adelaide headquarters in Adelaide, Australia on July 27, 2010. (Morne de Klerk/Getty Images)

‘It Might Not Be Over’: Tredrea Tells Media

Following the decision, Mr. Tredrea indicated to reporters outside the court he may be considering an appeal.

“We didn’t get the rub of the green today but it might not be over,” he told reporters.

“It’s been a significant [financial] outlay to take this on but we’re very adamant that we believe we’ve gone the right course. We wouldn’t have gone this far if we didn’t.”

Mr. Tredrea debuted for Port Adelaide in 1997 and was known for his goal kicking, leadership, and incredible marking ability.

The champion led Port Adelaide to its first grand final win in 2004 against Brisbane.

His accolades include winning the club’s best and fairest award multiple times, kicking 549 goals, four All Australian selections, and induction into the AFL Hall of Fame in 2014.

Since retiring, he has been a sports media personality for Nine, 3AW, and FiveAA, and contributed to The Advertiser.

AAP contributed to this report.
Monica O’Shea is a reporter based in Australia. She previously worked as a reporter for Motley Fool Australia, Daily Mail Australia, and Fairfax Regional Media.
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