1. Legal advice to Acme Bikes
The situation at hand is related to the rights of a player as well as the contractual agreement between a player and his club. Acme Bikes (AB) is a new team in the UCI World Tour competition. We are presented with a situation where a rider by the name Frits Boy, who is the oldest in the team,has a number of complaints against his team. Firstly, the team decided not to field him due to the fact that Fritz has been the slowest rider in the two competitions that the team participated in. The team also left him out of the team selected for the Tour de France that is forthcoming. Fritz feels unwanted by the team for his name has been removed from the team’s website ...view middle of the document...
It was agreed that a breach of contract during the course of the sports season could upset the balance of competition and should therefore be penalized by a deterrent sporting sanction. In other words, the agreement was trying to say that for the purpose of protecting the regularity of the sporting season, it was considered acceptable and necessary to implement a special sports rule that should preserve sporting regularity, even though it might restrict the freedom of movement.
Correspondingly, the agreement protects a team as well as the professionalism of competitions. Teams are restricted to buy or sell a player during the course of the season. They must wait until the transfer window in order to release or buy a player. Both the European Court and the European Commission are in agreement that certain restrictions on labor are justified in order to protect certain important features of sporting competition.
In view of the rules and regulations by both the European Court and the European Commission it is evident that Acme Bikes should not be worried about losing Fritz their player. He must follow due process in order to change teams.
The European Commission also has rules and regulations that govern the relationship between an individual player and the team for which he plays. Fritz had complaints about the way the team was treating him. In order to understand the legal ramifications of his complaint, let us look into the case that involved KEVIN KEEGAN Claimant and NEWCASTLE UNITED FOOTBALL CLUB LTD:
Mr. Keegan's primary case was that under the terms of the contract, he was to have the final say and that he would never have agreed to accept the appointment as Manager on any other basis. Keegan had complaints about how the club was making decisions behind his back and his ultimate dismissal from the club.
Although it is clear that Mr. Keegan also had concerns about the nature of this deal, his primary objection to it was that it breached what he described as "the golden rule", i.e. the term of his contract by which he, the Manager, would have the final say and that notwithstanding that he had strongly objected to the proposed transfer, the Club nonetheless had proceeded with it.
With Keegan’s example in mind as well as rules and regulations set out in the Sports Regulatory Commission, Acme Bikes should look into Fritz’s complaints and see what they can do about them. It would be nice to avoid a legal confrontation with the player’s agents.
2. A new (fictitious) rule is introduced by the UCI, allowing riders to choose not to wear helmets in the final stages of races so that spectators can more easily identify riders. However, I noticed that the AB head coach has advised AB riders not to ride without their helmets. Two AB riders, star rider, Stain Cavendish and new rookie, Fred Nobody, riding in tandem towards the end of a stage of the Tour de France, blocked and made contact with a RadioShack Team rider who was not wearing a...