NEGOTIATING THE SPORTING CONTRACT Fundamental issues arise such as the bargaining position of each party. Generally, the employer, the sports team, will be in the stronger bargaining position in negotiating the contract. This is particularly the case with the less professional sports, the amateur Olympic athletes. However, the elite level of each sport, which is …
Readers are directed to read this summary together with the Collective Bargaining Agreement (CBA) to ensure that all references to clauses in the CBA are current Collective Bargaining and The Australian Football League: Has it taken away too many image rights from the player? In Australia, the television rights for the Australian Football League (“AFL”) …
Athletes, Clubs, and the Social Media Minefield Social media brings sport fans ever closer to those they idolise and support. Yet, for athletes and clubs, it often presents a minefield of distraction, potential faux pas and scandals waiting to happen. So what help is available to guide athletes through the social media landscape? SportsLawyer Principal, Paul Horvath, takes …
A fair hearing in Sport Domestic sporting bodies are obliged under the common law to conduct fair hearings. Independent of any rules or by-laws they must accord with the principles of natural justice and procedural fairness. One such principle is that a party must be given an opportunity to make submissions on the question of …
This time last year, Paul Horvath – Principal of SportsLawyer teamed with Adrian Anderson and Television Education Network to present a session on best practice internal control of discipline. Thank you to Television Education Network Pty Ltd and Adrian Anderson. The topic was fairness in disciplinary investigations and tribunal hearings within sporting organisations (including appeals and legal consequences) …
Sports players are ambassadors for their sport, their sponsors and their own personal reputation, as any sport played at an elite level is a high profile and lucrative industry in this society. Employers (including sporting clubs) do not have a broad right to exercise control over the out-of-hours behaviour of their employees. They only have …
Former Gold Coast Sun’s Joel Wilkinson has commenced legal proceedings in the Australian Human Rights Commission against the AFL and Gold Coast Suns alleged he was racially vilified and that his player contract was terminated on discriminatory grounds, namely that he spoke up against racial discrimination he had been subject to. At Fremantle, new information …
There are ways to minimise the likelihood of selection disputes arising. These include: Having a clear written policy setting out the process and criteria; Making sure all athletes are aware of selection process and criteria; Following and apply selection criteria; Not applying inappropriate criteria; Being transparent; Being consistent; and Acting in good faith and without …
Selectors: Avoiding successful challenges to selection decisions Read More »
