Soccer player loses job case against club

A Fiji soccer international, accused of match-fixing last year, has had his claim of constructive dismissal from a Wairarapa soccer club rejected.

Petero Dauniseka complained to the Employment Relations Authority (ERA) that Wairarapa United and its chairman and coach, Phelim Keinzley, had breached his employment agreement because he was never paid.

The ERA said Dauniseka was approached by Wairarapa United in 2005 and began playing for the club the following year. As part of his contract, the club found outside work for him.

Last year, after his team lost to Island Bay, Dauniseka was accused of match-fixing.

At an informal meeting called by Mr Keinzley, Dauniseka neither confirmed nor denied the allegations, but confirmed he had been offered $200 a game to transfer to the Island Bay club.

After transferring to Island Bay, Dauniseka contacted the Immigration Service, raising concerns for the first time that Wairarapa United had not paid him for playing soccer, that he had been forced to work for other companies, and that he had been too scared of Mr Keinzley to raise the issues.

He also claimed the way Wairarapa had treated him, including its failure to pay him, amounted to unjustifiable constructive dismissal.

But the ERA concluded Dauniseka had understood that in return for playing for the club, Wairarapa would give him free travel and help him to find accommodation and work.

"There was never any agreement that Mr Dauniseka would be provided with work by the club or Mr Keinzley," ERA member Gregory Wood said.

"I conclude that Mr Dauniseka was in no doubt from the outset that this was the nature of the relationship.

"It was more akin to an employment agency relationship, where the club acted as an agent for Mr Dauniseka in finding him employment with other employers, which is clearly not an employment relationship."

Mr Wood ruled there was no employment relationship and dismissed Dauniseka's claims.

Dauniseka left New Zealand voluntarily in August last year after Immigration found he had breached the terms of his work permit.

- NZPA