Athletes’ union launches legal action
‘‘We didn’t feel that what was being done by High Performance Sport NZ was the right way.’’ Mahe Drysdale
Athletes from two of the country’s most successful Olympic sports have launched landmark employment proceedings against High Performance Sport NZ.
Stuff has learned a newly formed athlete union, led by rowing great Mahe Drysdale and Tokyo Olympian Kirstie Klingenberg (nee James), is taking the government sport agency to the Employment Relations Authority, in a case that could have profound implications for the administration of sport in New Zealand.
The group, known as The Athletes’ Cooperative, was set up in June in opposition to High Performance Sport NZ’s attempts to establish its own athlete voice mechanism, and is understood to represent around 60 elite cyclists and rowers.
The complex and highly political employment wrangle is at its heart an attempt by the Cooperative, and its backers, to secure better rights and protections for elite athletes, including fairer wages.
The dispute wound up with the Employment Relations Authority following failed attempts by the Cooperative to enter in collective bargaining with High Performance Sport NZ.
Stuff understands that the government agency’s position is that athletes are not their employees, and therefore it cannot enter into employment negotiations.
The union is now seeking a determination from the Authority that contracted athletes are effectively employees of High Performance Sport NZ.
Sport NZ chief executive Raelene Castle confirmed the case was before the Employment Relations Authority, but declined to discuss the details.
‘‘Athlete voice and wellbeing continues to be a priority for High Performance Sport New Zealand.
‘‘However, given the confidential nature of this issue, we won’t comment further to respect the integrity of the process,’’ Castle said in a statement.
Drysdale was also unable to comment on the proceedings, citing confidentiality. But he was able to shed some light on the kaupapa of The Athletes Cooperative.
As first revealed by Stuff in May, athletes from Rowing NZ and Cycling NZ were in talks to form their own union due to concerns that a new athlete representative body proposed by High Performance Sport NZ was ‘‘compromised’’.
Documents submitted to the Incorporated Societies Register reveal the group is backed by a roster of high profile athletes, including Olympic gold medallists Emma Twigg, Tom Mackintosh and Michael Brake, and cycling stars Sam Bewley and Sam Dakin.
Drysdale said the purpose of the Cooperative was to empower athletes to ‘‘engage in a more meaningful way to make sport better in New Zealand’’.
‘‘We didn’t feel that what was being done by High Performance Sport NZ was the right way. I don’t think High Performance Sport can create their own athlete body and then actually be independent, so we decided to form our own mechanism.’’
The double Olympic champion, who retired from rowing last year, has been a long-time agitator for change in New Zealand’s high performance system.
In 2016 Drysdale was among a handful of top-name athletes to speak out about a system that treats athletes as ‘‘second class citizens’’.
Since then, successive reviews into troubled sporting environments have further highlighted the link between elite athlete rights and welfare.
The two parties will present their case to Employment Relations Authority at an investigation meeting in February.