CSA and Graeme Smith: A contentious contractual clause and power dynamics in the employment relationship
On 2 August 2020, Khanyiso Tshwaku reported for the Sunday Times on a contentious clause which was contained in a draft version of Cricket South Africa (CSA) director of cricket Graeme Smith’s employment contract during contract negotiations between CSA and Smith. This was based on information leaked from within CSA. The wording of the draft clause and its inclusion during these negotiations are fascinating in terms of employment law and employment relations, primarily due to the unusual nature of the draft clause and the insight it provides into the relationship between the employee and his employer. Accordingly, these matters fall to be discussed here, with them having entered the public domain and evidently being of public interest. The content of negotiations is normally protected by rules agreed between parties, which maintain its confidentiality and prevent the parties from disclosing, outside of the negotiations, any information forming part of the negotiations.
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The impact of Covid-19: Pay cuts in sport
The impact of the Covid-19 pandemic on the sports industry worldwide has been considerable. The issue of reductions in remuneration makes for an interesting study of applicable laws, collective bargaining in sport and the ramifications of pay cuts being imposed on sportspeople. Whilst there are far more important matters than sporting events right now, this is a prominent global industry and many people find expression of their identity in sport. The industry has been turned upside down, with competition suspended indefinitely or cancelled. The public may have little sympathy for superstars earning large sums. However, many professional sportspeople have effectively been laid off and their jobs are under threat. Increasing player power at the top of the sporting world and the primacy of broadcasting revenue make for fascinating dynamics, with the world in varying forms of lockdown.
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