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BigKiwi vs Les Mills

BIGKIWI

By BIGKIWI
in Gyms & equipment

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BIGKIWI Senior member

BIGKIWI

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Here is my mate Eraser a lawyer from my board on what he has to say :)

eraser

Joined: 28 Jun 2007

Posts: 19

Location: Australia

Posted: 08 Aug 2008 01:08 am Post subject: BK v Les Mills [2008] NZHC (joking)

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I certainly hope you do follow this through. Although i exist across the Tasman, I have a great respect for New Zealand jurisprudence and principles - NZ has consistently passed what is essentially world first and leading legislation (in a number of areas) and NZ Judges and Courts regularly deliver inspired decisions - The BK appeal was a good example of NZ's higher Courts willingness to examine all issues fully and prepardness to accede to logical arguments no matter how unique or different they may be.

the point of that ramble is that Human Rights and Anti Discrimination is an area where i feel NZ is one of the leading countries in terms of their Anti Discim policy and laws. A good example is the Criminal Records (Clean Slate) legislation. - which is designed to allow people to avoid the negative implications of certain convictions after seven years of conviction free living...

The upshot is that NZ is a good forum to deal with what happened to BK at LM. I woudld assume your lawyers would look at action against both the manager & the company.

I had a chuckle to myself when i thought that if he REALLY wanted BK out, perhaps a SAFER/SNEAKY way would have been to say that "Im sorry, given your size, there are potential dangers in relation to the equipment which might impact on safety of others!!! (not that im recommending this just a stupid thought that popped in to my head).

Aside from the legal point of view - the behaviour is offensive to ordinariy principles of decency. But then again, i do believe that sadly, humans are not basically good, humans are basically selfish.

I wonder how upper managment feel about the acitons of their employee. From a corporate point of view, negative publicity can be a very bad thing.

Without knowing any more details than what BK said, i would wager a guess that if the matter is followed through, the co. would be making serious attempts to settle the matter without litigation

Again, i am absolutley amazed that the person showed their prejudice so clearly. Business proprieters have wide rights that allow them to refuse entry to people - and fitness/gym operators have even more, a little bit of thought and somethign could probably easily have been devised - but that is the problem with discrimination and prejudice - PEOPLE DONT THINK.

excuse my rambling.

Eraser of Counsel

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Flex Senior member

Flex

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Being a private gym the owner is entitled to disallow people from entering. He probably didn't go about it the best way however I'm pretty sure he is within his rights to revoke memberships. Personally I'd agree with the gym owner - if I owned gym and had a member jailed for selling drugs I wouldn't allow them back in my gym either. Maybe after a few years of being clean however a few weeks after being paroled might be asking a bit much.

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BIGKIWI Senior member

BIGKIWI

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Being a private gym the owner is entitled to disallow people from entering. He probably didn't go about it the best way however I'm pretty sure he is within his rights to revoke memberships. Personally I'd agree with the gym owner - if I owned gym and had a member jailed for selling drugs I wouldn't allow them back in my gym either. Maybe after a few years of being clean however a few weeks after being paroled might be asking a bit much.

I do see his point of view in some ways but as you said how he did it, what he said was completly wrong. Just to clarify I was convicted for importing drugs and I did not sell them at the gym if that is what you are implying ? Also as I said earlier then every person who has a drug conviction at the gym would be treated the same then ? :)

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SoaringSwine Senior member

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Unfortunately for you I don't think you have much of a legal leg to stand on. Section 21 of the Human Rights Act sets out the prohibited grounds of discrimination:

http://www.legislation.govt.nz/act/publ ... rights+act

Unless your counsel is able to fit what happened into one of those criteria it probably won't fly in court. Les Mills is a private business and they are entitled to refuse their services except on the above grounds.

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Flex Senior member

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Just to clarify I was convicted for importing drugs and I did not sell them at the gym if that is what you are implying ?

Yeah sorry I used selling instead of importing - I wasn't implying you were selling at a gym.

Also as I said earlier then every person who has a drug conviction at the gym would be treated the same then ? :)

You were convicted of importing drugs. How many other members of Les Mills have that beside their name and have appeared in numerous national newspapers and post the articles on bodybuilding forums?
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SamWelly Senior member

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Mate I feel for you. I quit working for Les Mills a month or so ago, it seems I did not fit in with the culture there also :roll:

Group fitness is their main focus it seems, people that do not fit inside that box can and do feel uncomfortable training there. I've had a talking to for putting my dead lifts down too fast... (the fucking clamp broke off, and the bar had no grip left on it!).

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2guns Veteran member

2guns

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Group fitness is their main focus it seems,

this is where the money is at, ppl like u and BK are the minority and if the likes of u are going to put off the majority from training there then u will be discriminated against. because of money. right or wrong thats just the way it is.

get wat i mean?

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SamWelly Senior member

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Yeah I agree that we are the minority for sure, Hell, When I first started training I was freaked out at the big guys. Made my 60kg bench look like shit :lol:

It's the same with other parts of the gym - marathon runners hogging the treadmill for hours on end and making the fat and unfit feel inadequate.

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MasterTel Senior member

MasterTel

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This is true we do not make them money as we keep coming to the gym and use the weights textensively, then I do body attack and Jam classes:):) wearing my lycra unitard :)

Awesome!! If the unitard is like the Borat man-kini then I'm sure a lot of people would pay big money to watch you and Kyle wearing those to a class!! The view from behind of you doing stiff legged deadlifts in those doesn't bear thinking about! :pfft: :shock:

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BIGKIWI Senior member

BIGKIWI

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This is true we do not make them money as we keep coming to the gym and use the weights textensively, then I do body attack and Jam classes:):) wearing my lycra unitard :)

Awesome!! If the unitard is like the Borat man-kini then I'm sure a lot of people would pay big money to watch you and Kyle wearing those to a class!! The view from behind of you doing stiff legged deadlifts in those doesn't bear thinking about! :pfft: :shock:

hhahahah yeah maybe that is why they kicked us out of Les Mills :):)

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Specter Senior member

Specter

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Being a private gym the owner is entitled to disallow people from entering. He probably didn't go about it the best way however I'm pretty sure he is within his rights to revoke memberships. Personally I'd agree with the gym owner - if I owned gym and had a member jailed for selling drugs I wouldn't allow them back in my gym either. Maybe after a few years of being clean however a few weeks after being paroled might be asking a bit much.

What a load of BS! BigKiwi did his time, the fact that the manager told him to leave sounds like his own brand of Vigilante justice....honestly..I dont know what so great about Les Mills anyway? Good luck with this BigKiwi. I hope you kick his ass! :pfft:

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MuscleHead Junior member

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Your lawyer will rip Les Mills a new one!!! They may as well have discriminated against someone because of their skin colour or religion.

I was looking for a gym to join recently and went to Les Mills in Auckland city. It was like walking into a flourescent gay nightclub! A veritable ponce palace. Not bodybuilder friendly at all from what I saw.

Let us know how your case develops.

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2guns Veteran member

2guns

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I was looking for a gym to join recently and went to Les Mills in Auckland city. It was like walking into a flourescent gay nightclub! A veritable ponce palace. Not bodybuilder friendly at all from what I saw.

they have awesome equiptment there and hot as women....

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2guns Veteran member

2guns

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LM gyms dnt like bodybuilding in my exp

lol i got kicked out of a gym when i put on 8kgs in 8 weeks, coz of the 'good food' i was eating. i shouldve sued them too

wtf ? lol are they even allowed to do that ?

dunno, dnt care. there are heapsa gyms in aucks so if u piss sumone off at one of them u just change to another one

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Specter Senior member

Specter

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I Have notice that myself when I have trained at Les Mills Auckland they have a great range of free weights,machines and lots of VERY HOT WOMEN as well.

Geez....do you actually go there to train or just to stare at hot women? :roll:

Might go get a t-shirt made up that has a slogan taking the piss outta Les Mills....I cant believe Im a member there! :roll:

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disasterpiece Senior member

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I Have notice that myself when I have trained at Les Mills Auckland they have a great range of free weights,machines and lots of VERY HOT WOMEN as well.

Geez....do you actually go there to train or just to stare at hot women? :roll:

Might go get a t-shirt made up that has a slogan taking the piss outta Les Mills....I cant believe Im a member there! :roll:

Get one that says "I AGREE" lmao

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