After more than three years of being dragged before courts and a tribunal, on 12th January 2016, the Essendon Football Club and its 34 former and current players were banned for taking performance-enhancing drugs.
In the verdict, the Court of Arbitration for Sport (CAS) upheld an appeal by the World AntiDoping Agency, effectively banning 34 players for the 2016 Season, after they were originally cleared of wrongdoing by the AFL Anti-Doping Tribunal.
The Decision
The CAS found to its "comfortable satisfaction" (being the required standard of proof) that the relevant clause of the AFL Doping Code "use of a prohibited substance" had been violated and the players were significantly at fault. On 28 January 2016, Essendon was also found guilty for criminal breaches of the Occupational Health and Safety Act and fined $200,000.00 across two offences.
The CAS Sanction
The standard period of ineligibility for the violation is two years; however this may be reduced if a player establishes an individual case that he bears no significant fault or negligence. The CAS considered submissions made on behalf of the players to reduce the two year period, however ultimately did not accept them and imposed a two year period of ineligibility commencing from 31st March 2015. Consequently, the 34 players will be ineligible to play until 13th November 2016.
Breach of Contract
In the current circumstances, the players were employees of the Essendon Football Club and employed under an employment contract called the Standard Players Contract. That contract has a clause whereby the club promises to provide the players with a working environment that is safe and without risk. Proceedings were brought by the WorkSafe Victoria, the Essendon Football Club pleaded guilty to breaches of the Occupational Health and Safety Act. Therefore, that essentially gives rise to a breach of contract cause of action for the players.
Appeal
There is no right of appeal for the players in relation to the decision. However, the players could consider civil action against the Essendon Football Club for breach of its duties towards its players, particularly in light of the criminal convictions. The importance of the decision on the Australian sporting landscape will have far reaching consequences not only affecting individual players and Essendon, but also other AFL Clubs to whom players are currently contracted.
Bottom line
The 34 players are due to be sentenced later this month. It will be interesting to see if the players pursue civil action for breach of contract at a later stage.
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