adminDavies Ndumiso Sibanda
ONE of the topical issues today is the qualification requirements and deadline set for premier league for football coaches, a thing that is reported to have led to some coaches leaving their jobs or being demoted to lower levels.
The first question that arises is how this decision sits with the provisions of fairness set out in section 65(1) of the Constitution of Zimbabwe where there is a need to be fair with an employee at all times.
The legality of removing football coaches from their positions due to a requirement that came in when there were already Premier League coaches is questionable from a fairness point of view, and there are doubts as to whether such a move adds value.
While higher qualifications add value, it is the method used that could fracture the knowledge transfer and impact negatively on strategic direction of football clubs.
If we are to borrow from best practices, people management and decided cases on changes in qualification, it is clear that the correct thing to do is to have the new qualification requirements applicable to new entrants not those who are already serving the Premier League clubs as coaches.
At worst, the sitting coaches without the new qualification requirements can be left on person to holder basis (PTH).
I do not think demoting a coach on the basis of a new requirement can survive the legal test and cannot definitely stand the business prudence test.
What must be understood is that most of the Premier League coaches, if not all of them have a wealth of experience and learning they have acquired through time and in the majority of cases, they might be more knowledgeable and are better assets for their clubs than someone with the required qualifications but lesser experience.
This is the reason why in the private sector we have senior managers who are less qualified than their subordinates but are doing a fantastic job due to experience and on the job learning experiences.
That is why top universities in the world have recognition of prior learning as appropriate entry qualification into post graduate programmes.
It is my belief that the act of removing experienced coaches as guided by the new qualification requirements is an act of skills disposal that could turn out to affect the quality of the product.
What we need is a re-look at the decision not only from a legal perspective but in the interest of capacity building through allowing coaches already serving in the Premier League but without the qualifications to continue serving so as to provide a smooth knowledge and skills transfer process. Only the new coaches could then be required to meet the new qualifications thus we could take our football business forward better, having also applied best practices in human resources of treating football coaches as employees fairly.
If reports we hear from the Press are accurate that some Premier League coaches have been sent to lower levels, there is a risk that such action could be viewed as constructive dismissal despite the fact that the employee retains his salary and benefits as the issue is the damage that the whole act does to the dignity of the affected employee. Some coaches might litigate.
The belief that football matters cannot be taken to court is misplaced. One has to look at a number of decided cases relating to football clubs that have been dealt with by the courts. The fact that football coaches are employees with contracts of employment and the Labour Act supersedes all legislation on matters of labour.
Coaches will be within their rights to approach the courts over grievances related to the new qualifications. It is my hope that it does not get that far. In conclusion, it is my hope that it will not go as far as litigation but that football authorities will move towards ensuring fairness by applying best practice principle which allow for gradual phasing in of the change.
Davies Ndumiso Sibanda can be contacted on: e-mail: [email protected] Or cell No: 0772 375 235
Online Reporter