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22 • Touchline • Issue 14
lthough the rugby league and Australian rules
football seasons have now concluded with the
premiers carrying off their trophies, some players
may be finishing the season with very different
and less welcome souvenirs from the 2012 season in the form
of injuries.
The very nature of contact sports creates a risk that a player may
be injured by an opposing player. Depending on its severity, an
injury has the potential to end an elite player’s career and, at
lower levels, end a sporting career and reduce a player’s earning
potential in their employment outside their sport. Given the
potential earnings for elite sportspeople, it is unsurprising that
an injured player would seek compensation for lost earnings
flowing from an injury which may have been sustained from
contact going beyond the level envisaged by the laws of the
relevant sport.
The player who caused the injury will be an obvious respondent
to a claim for compensation. However, that player’s club is also
likely to be a respondent to the claim and this raises the issue
of the extent of the club’s liability for the player’s conduct on the
field, particularly if it has gone beyond the laws of the sport.
Whether a club will be found liable for the actions of a player
depends upon a consideration of two factors:
1. Whether the player is an ‘employee’ of the club; and
2. Whether the conduct of the player falls within the scope of
the player’s employment.
Employer’s liability
An employer will responsible for the actions of its employees.
While organised sport originated as a recreational activity, it has
evolved into a lucrative business and the players are an essential
part of that business. At the elite level, notably in football, there
is little doubt that the players are considered employees of
the club which they represent. Employment contracts (often
for large sums of money) are commonplace and the contracts
incorporate exclusive playing rights and impose obligations as
to appearances, training and length of service.
At the semi-professional or amateur levels the position is less
LEGAL
FOCUS
By James McIntyre, Special Counsel, DLA Piper and Anthea Davies, Solicitor DLA Piper
CAN A BIG HIT ON THE FIELD TURN
INTO A BIGGER HIT IN THE COURTROOM?
EMPLOYER’s LIABILITY
A
© Keith Allison