Coaching contracts or permanent employment? No easy answer in sport - Part 2

by Rob Jackson

And so how might an employment relationship make a difference on the AFL stage? There has been a lot of movement in the coaching fraternity of late, and even in the past 12 months we've seen contracts used to prevent moves.

Would the Swans have been better off if Stewart Dew wanted to leave his contract early as an employee to coach for Melbourne than they were having him on a contract? Legally, no, although they did use his contract to prevent that move.

But if the Swans had an identical clause prohibiting Dew from leaving early or working for a competitor, then the same legal principles apply, whether the clause appeared in either a contract or employment agreement. In other words, his move could have been prevented regardless of his arrangements if the contracts were drafted properly.