1
Misconduct in Sports
Misconduct is defined as improper, wrongful or unlawful conduct by an
employee or professional person where they neglect to comply with their
duties; it is considered as an unacceptable or improper behaviour taken
especially by a professional person (Thorpe et al. 2013). People who play
sports can also engage in misconduct behaviour, which could cause
damage to their own reputations or the reputation of the sport which they
are representing. Most sports contracts contain misconduct terms since
these organisations wanted to promote moral behaviour among their
members. The issue of behavioural misconduct is prohibited in sports to
make sure that athletes did not engage in any practices which could harm
their reputation or the reputation of the sport itself (Thorpe 2012, p. 11).
The provisions regarding serious misconduct are given under the Fair
Work Regulations; as per regulation 1.07 (2) (a), it is referred to the
conduct that is wilful or deliberate, and it is inconsistent with the
provisions given under employment contract. Furthermore, section 12 of
the Fair Work Act 2009 (Cth) defined serious misconduct as wilful or
deliberate behaviour by an employee or conduct that cause serious or
imminent risk of health or serious or imminent risk to reputation or
profitability or engagement in theft, fraud or assault by an employee or
being intoxicated at work or refusing to carry lawful instructions
(Legislation 2009).
Part A
Case SummariesD’Arcy v Australian Olympic Committee (AOC) [2008] CAS
2008/A/1539
Nick D’Arcy was selected to represent Australia at the “2008 Beijing
Olympic Games in the 200 meter Men’s Butterfly”. As per the Team
Membership Agreement, a condition was imposed upon D’Arcy to avoid

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Misconduct in Sports

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