All three players were given contracts for the 2003 RWC. Assurances given by the employer, the reason for entering into a fixed term contract in the first place and the number of times that the contract has been renewed are examples of factors to be considered when assessing the reasonableness of the expectation. In respect of Bands the arbitrator considered one further issue: On the basis of the expectation created by Straeuli, he (Bands) declined an offer to play for a British club for R1, 5 million during 2004 and it was argued that he ought to be compensated for the damages suffered as a result of refusing this offer. The employer also argued that Straeuli had no authority to give undertakings to any of the players in respect of the renewal of their contracts and that he could merely advise SA Rugby on who ought to be contracted by them.

Along with Jason Roy, he looks certain to give England a powerful start to their innings throughout the tournament. This argument did not impress the arbitrator since it is a well established principle that, while the wording of the contract is important, conduct subsequent to the conclusion of the contract (as was found to be the case in this matter) may give rise to a reasonable expectation. The arbitrator had little difficulty in finding that the players had a reasonable expectation that their contracts would be renewed and that they were thus dismissed. The minimum retainer paid in terms of the 2003 (annual) contracts was R300 000 and both Bezuidehout and Bands expected to be paid at least this amount for 2003. The arbitrator thus ordered that they be paid R300 000 compensation each. Matfield was paid a retainer of R400 000 (approximately 50 000) in terms of his 2003 contract and he expected similar remuneration during 2004. The employer was thus ordered to pay R400 000 to Matfield. However, once the fact of the dismissal is established there is a presumption of unfairness and the employer, in terms of section 192 of the LRA, bears the onus to show that the dismissal was fair, both procedurally and substantively.

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