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HUMAN RESOURCES IN SPORT: A LEGAL PERSPECTIVE

HUMAN RESOURCES IN SPORT: A LEGAL PERSPECTIVE. Prof Rian Cloete Pretoria University. Organisational Effectiveness. HR Policies: Are they in place? Updated? Do they comply with Labour Legislation? Revisit policies yearly!. Organisational Effectiveness. Constitution of Sporting Body:

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HUMAN RESOURCES IN SPORT: A LEGAL PERSPECTIVE

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  1. HUMAN RESOURCES IN SPORT: A LEGAL PERSPECTIVE Prof Rian Cloete Pretoria University

  2. Organisational Effectiveness • HR Policies: • Are they in place? • Updated? • Do they comply with Labour Legislation? • Revisit policies yearly!

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

  4. Organisational Effectiveness • Code of Conduct: • Disciplinary Code & Grievances Procedure? • Updated? • Do they comply with Labour Legislation (BCEA)? • Revisit!

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

  6. 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!!!!!!

  7. 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.

  8. 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

  9. 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

  10. 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.

  11. 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 …

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

  13. 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.

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

  15. Thank You! rian.cloete@up.ac.za 083 292 1644

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