21 November 2013
Practice Groups:
On the Job, On the Field – Bullying in Sport
Sports Law
By Bryan Belling and Matthew Parker
Labour, Employment
and Workplace Safety
Recent events in the United States have again brought the issue of workplace bullying to
international attention. However, in contrast to many other cases, this recent issue arose in
the context of a sporting team where it is alleged that a young player was a victim of
'hazing'", namely that he was bullied and harassed as a way of initiating him into the culture
of the team. With the new anti-bullying amendments to the Fair Work Act 2009 (Cth) (FW
Act) due to commence on 1 January 2014, this case should remind sporting clubs and
similar organisations that even though the sporting field is not your average workplace, it is
still subject to workplace legislation.
The Incident
In late October, a young player with the Miami Dolphins, a National Football League (NFL)
franchise, left the team in order to deal with 'emotional issues' following allegations he was
bullied over a period of time by a senior player. The allegations of bullying included that the
younger player was verbally threatened and physically intimidated by the senior player. The
senior player has since been suspended from the team indefinitely as a result of his alleged
conduct. An independent investigation has been commissioned.
What Does This Mean for Australian Sport?
Professional sporting clubs have a unique culture where success on the field is directly
related to a feeling of mateship and togetherness between the players on and off the field.
While the sense of community promoted by team sports is seen by many as a positive thing,
in certain circumstances it can manifest itself in the 'hazing' or 'bullying' of players to induct
them into the close knit fabric of the 'team'. In addition, coaches sometimes employ bullying
tactics to challenge their players and get the best possible results on the field.
While such conduct is often written off as 'bonding' or 'tough love', sporting clubs and similar
organisations need to be aware that their players are still employees and the club is a
workplace environment susceptible to all the legal risks associated with other workplaces.
The amendments to the FW Act include a variety of anti-bullying provisions which will apply
to sporting organisations, their staff, coaches and players.
Bullying in the Workplace
The Fair Work Amendment Act 2013 (Cth) (Amendment) seeks to add new provisions to the
FW Act enabling a worker who is bullied at work to apply to the Fair Work Commission
(Commission) for an order to stop the bullying. For the avoidance of any doubt, an athlete
employed by a sporting organisation is a 'worker' within the meaning of the Amendment.
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On the Job, on the Field – Bullying in Sport
Under the Amendment, a worker is "bullied at work" when he or she is subject to "repeated,
unreasonable behaviour directed towards a worker or a group of workers, of which the
worker is a member, that creates a risk to health and safety".
The Commission will be required to list an application for an order to stop bullying within 14
days of that application being made and will have the power to make whatever order it
deems appropriate, other than a pecuniary penalty order, to prevent the bullying from
continuing.
Importantly, the Amendment also seeks to remove the prohibition on multiple actions,
meaning proceedings may still be commenced under the relevant state based work health
and safety legislation in relation to incidents of bullying even though the employee has made
an application under the FW Act seeking an order to stop the same conduct. The
Commission may also refer a matter to a work health and safety regulator where it considers
it necessary and appropriate.
What Should Sporting Clubs and Organisations Do?
Recently, there has been a rise in the number of bullying claims made by employees across
all industries. It is important that employees, including coaches and players, are made aware
of the ramifications of bullying behaviour and that sporting organisations take positive steps
to ensure they foster a strong anti-bullying culture which includes all coaching, playing and
administrative staff.
Sporting clubs and similar organisations should ensure that:

they have an anti-bullying policy in place that reflects the upcoming Amendments

anti-bullying training is conducted for all employees, including managers, coaches
and players

procedures for conducting investigations into allegations of bullying result in issues
being dealt with appropriately and resolved in the best interests of the parties.
Sporting organisations rely on success on the field to ensure their commercial success. By
not taking steps to ensure your organisation has appropriate policies and training aimed at
ensuring players and administrative staff can identify and curtail bullying behaviour, your
organisation may be putting itself at risk.
Authors:
Bryan Belling
bryan.belling@klgates.com
+61.2.9513.2541
Matthew Parker
matthew.parker@klgates.com
+61.2.9513.2491
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©2013 K&L Gates LLP. All Rights Reserved.
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