IN MOST cases, South African professional sports personalities enter into fixed-term contracts with their clients, clubs, teams or unions (depending on the nature of the sport and the professional body they are contracted to) to ply their trade in a chosen code.
Most professional sporting bodies have established dispute resolution structures to regulate, adjudicate and resolve contractual or any other disputes that may arise in the course of rendering their professional duties.
In as much as the law recognises sports professionals as employees of their respective clubs, the question that often arises is, to what extent, if at all, is the Labour Relations Act applicable to their professional trade outside of their collective bargaining dispute resolution structures?
For example, can a professional player whose contract was not renewed by the union or club he belongs to claim unlawful dismissal on the basis of legitimate expectation of the renewal of the contract?
Can the early release of the professional from the club be regarded as dismissal in terms of Section 186(1)(a) or (b) of the Labour Relations Act?
Our courts and the Commission for Conciliation, Mediation and Arbitration (CCMA) have had occasion to consider this question.
In the matter of South African Rugby (Pty) Limited vs CCMA and Others, Victor Matfield and two other professional rugby players contested the non-renewal of their contracts on the basis that they had legitimately expected their contracts to be renewed based on the conduct and assurances from their professional body.
In another case, involving a soccer player, the Labour Court held that the granting of a clearance certificate by the player's club to leave the club to join a team of his choice during the tenure of his employment contract amounted to the unfair and/or unlawful termination of his fixed-term contract of employment and therefore the club's conduct constituted an unlawful dismissal of the player.
In light of the above, it is important for professional athletes, sporting agents and sports managers to be aware of various alternative legal remedies beyond the dispute resolution structures of their professional bodies created to adjudicate their disputes.
The Labour Relations Act is also applicable to contracts of employment entered into between players, sporting agents, coaches and their respective clubs and unions.
- Monnakgotla is a senior associate and Modise chairman of Eversheds
Legal side of every game
IN MOST cases, South African professional sports personalities enter into fixed-term contracts with their clients, clubs, teams or unions (depending on the nature of the sport and the professional body they are contracted to) to ply their trade in a chosen code.
Most professional sporting bodies have established dispute resolution structures to regulate, adjudicate and resolve contractual or any other disputes that may arise in the course of rendering their professional duties.
In as much as the law recognises sports professionals as employees of their respective clubs, the question that often arises is, to what extent, if at all, is the Labour Relations Act applicable to their professional trade outside of their collective bargaining dispute resolution structures?
For example, can a professional player whose contract was not renewed by the union or club he belongs to claim unlawful dismissal on the basis of legitimate expectation of the renewal of the contract?
Can the early release of the professional from the club be regarded as dismissal in terms of Section 186(1)(a) or (b) of the Labour Relations Act?
Our courts and the Commission for Conciliation, Mediation and Arbitration (CCMA) have had occasion to consider this question.
In the matter of South African Rugby (Pty) Limited vs CCMA and Others, Victor Matfield and two other professional rugby players contested the non-renewal of their contracts on the basis that they had legitimately expected their contracts to be renewed based on the conduct and assurances from their professional body.
In another case, involving a soccer player, the Labour Court held that the granting of a clearance certificate by the player's club to leave the club to join a team of his choice during the tenure of his employment contract amounted to the unfair and/or unlawful termination of his fixed-term contract of employment and therefore the club's conduct constituted an unlawful dismissal of the player.
In light of the above, it is important for professional athletes, sporting agents and sports managers to be aware of various alternative legal remedies beyond the dispute resolution structures of their professional bodies created to adjudicate their disputes.
The Labour Relations Act is also applicable to contracts of employment entered into between players, sporting agents, coaches and their respective clubs and unions.
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