There are four obvious reasons by which a member can justifiably claim that his/her suspension or expulsion was wrongful :
1. The club's constitution is flawed by denying the member the right to a fair hearing and/or appeal
2. The club's constitution is similarly flawed if the member is denied other essential rights, which are clearly established by rules of natural justice
3. The committee failed to follow its own disciplinary procedures to the obvious detriment of the member
4. The committee allowed prejudgement and bias to undermine the manner and way in which the disciplinary process was carried out by either ignoring , or treating with contempt , the rules of natural justice.
SO HATS OFF to Plymouth Bridge Club for acknowledging possible flaws in their club constitution , and that the decision to suspend the two members was as a consequence open to criticism , being potentially suspect and wrongful. By rescinding their decision to suspend the two members , the committee acted in both a sensible and prudent way.
Details about this case appeared in the club's own newsletter, as shown by the two following extracts :
Following suspension of Ann and Ivor's suspensions on
9th July 2014, the
Plymouth Bridge Club (PBC) Committee has reviewed the case and now fully
retracts the suspensions as wrongful. Both players are welcome to return to the
club to play with no disciplinary issue / entry against them from reported
events 22nd April, hearing 8th May 2014. Club
minutes will be amended accordingly.
Whilst the hearing 8th May 2014 conformed to the then PBC Constitution, the Committee acknowledges advice from the EBU and many other sources that the process used was wrongful and intends to appoint a working group to explore the adoption of the EBU draft constitution for clubs with its disciplinary code to be presented to the 2015
Bruce Foster - Vice Chairman Mike Hamon - Trustee
Having received advice from the EBU and other sources the suspensions of Ann Husk and Ivor Moore are suspended. They are eligible to play in the club with immediate effect. The disciplinary issue that led to their suspension will be reviewed by the Committee and further announcements will be made this month. Ann and Ivor have agreed there is now no need for the EGM that was proposed for 24th July and that meeting is cancelled.
One proposal that was put forward for that meeting, being to review the Club Constitution to use the EBU Model Club Constitution (V 5.5 Feb 2012) as a template (which includes a disciplinary code that ensures no procedures take place without input from the accused, and the right of appeal) will be considered by the Committee, with a view to present a new club constitution for members approval at the February 2015
AGM meeting. In
the meantime that EBU Disciplinary Code will be used by the Club as guidelines
for any issue that arises between now and that AGM.
Bruce Foster Vice Chairman