HUMAN RESOURCES IN SPORT: A LEGAL PERSPECTIVE

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HUMAN RESOURCES IN SPORT A LEGAL PERSPECTIVE

• Prof Rian Cloete
• Pretoria University

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Organisational Effectiveness

• HR Policies
• Are they in place?
• Updated?
• Do they comply with Labour Legislation?
• Revisit policies yearly!

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Organisational Effectiveness

• Constitution of Sporting Body
• 1. Updated?
• 2. In line with the International Body?
• 3. In compliance with Legislation and new
  developments?

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Organisational Effectiveness

• Code of Conduct
• Disciplinary Code Grievances Procedure?
• Updated?
• Do they comply with Labour Legislation (BCEA)?
• Revisit!

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Organisational Effectiveness

• Bottom line In order to be effective, get your
  paperwork in order!
• This includes employment (player/coaches/managers)
  contracts!

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Employment Contract

• The Federation/Club shall employ the
  Player/Coach for the 2008 season for the period 1
  JANUARY 2008 to 30 DECEMBER 2008 at the
  Remuneration and subject to the terms and
  conditions set out in this agreement.
• Fixed term contract!!!!!!

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Legitimate Expectation

• The entering into this Agreement between the
  parties confers upon the player no legitimate
  expectation whatsoever that such option will be
  exercised by the Club or that this agreement will
  be renewed or that a further Agreement for a
  further period will be entered into between the
  parties.

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Sec 186(1)(b) of the Labour Relations Act

• If a player/coach reasonably expected their club
  to renew a fixed term contract and there was no
  renewal or renewed on less favourable terms, a
  dismissal has taken place

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Case Studies

• Lance Klusener
• Victor Matfield, Richard Bands
• Hilton Ackerman
• Expectations were created through promises made
  and the number of times that the contract has
  been renewed

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Performance Clause

• It is recorded by the parties that the
  continuation of this agreement is based upon the
  on-going performance of the Coach, measured
  against the contents of this agreement and his
  duties. In the event that the Club should be of
  the opinion that the Coach is not performing in
  terms of the above, the Club may terminate this
  agreement.

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Penalty Clause

• Should the Coach commit a breach of any of his
  undertakings and/or obligations in terms hereof,
  SAFA shall be entitled at its sole and absolute
  discretion, either-
• To cancel this agreement
• To withhold payments
• To impose a reasonable monetary fine
• To claim specific performance

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Publicity

• The Player authorises SARU to use his name,
  photograph, likeness, image, reputation and
  identity in relation to-
• - any sponsorship and
• - merchandising.

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Morals Clause

• a material breach of the agreement if the player
  -
• commits an act that brings the player into
  public disrepute, contempt, scandal or ridicule,
  or that shocks or offends the community.

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Conclusion

• In order to deliver performance in sport, sport
  bodies MUST address the above issues
• Pro-active
• Accountability Fairness
• Communication!!!

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• Thank You!
• rian.cloete_at_up.ac.za
• 083 292 1644