SYDNEY, AUSTRALIA - SEPTEMBER 25: NRL Referees Manager Bernard Sutton speaks during the NRL Grand Final Official media opportunity at Rugby League Central on September 25, 2018 in Sydney, Australia. (Photo by Matt King/Getty Images)

Former league referee Tim Alouani-Roby has had his Fair Work Commission claim against the league dismissed after alleging he was used as a 'scapegoat' after an on-field incident.

The English referee lodged a claim against the NRL claiming he was unfairly dismissed and gave evidence on ex-referees boss Bernard Sutton, detailing his “demanding and no-compromise management style".

The 32-year-old, who was sponsored by the NRL to come to Australia, claimed Sutton criticized his accent, citing it as the reason for on-field miscommunication, and unfairly targeted the Englishman for being part of a referees union.

The Commission dismissed the claims, but supported Alouani-Roby's claims against Sutton and the NRL, including on key issues such as Sutton's comments on Alouani-Roby's accent and a late year fitness test.

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In late 2019, the same year Sutton expressed concern to Alouani-Roby over his contract status, the ex-chief ordered a fitness test for all referees not involved in finals, despite a senior staff member voicing concern over the chance of injury. The tribunal was told that Sutton made sure the test go ahead, with Alouani-Roby's fitness singled out.

“The real reason for the yo-yo test is to make Tim [Alouani]-Roby aware of his level of fitness within the group. I want to make him feel uncomfortable to the extent he will retire on his own”.

Alouani-Roby was offered a new contract for the 2020 season, but was involved in a controversial on-field incident during the Perth Nines event. A try scored after-the-siren by St George Illawarra to eliminate Penrith in a quarter-final was shown to be grounded outside of the field on the replay. Alouani-Roby was the in-goal judge in the game, but had no access to video replays. Previously, the 32-year-old refereed a Magic Round game that had an incorrect tackle count.

Alouani-Roby felt that Sutton "unfairly singled him out for the error” in the Perth Nines event, and was subsequently questioned on his “lack of urgency” during league matches. Alouani-Roby later made a complaint to the human resources department on the league's handling of the issue.

In June of 2020, Alouani-Roby was told over a video conference that he would not be offered a new contract for the 2021 season, his existing contract expired in November. The 32-year-old is yet to appeal the Commissions finding, though has indicated that he may.