The Johan Goosen - Racing 92 Retirement Debacle

[TRF_heineken]

I know this has been discussed a bit in other threads, but I think it needs it's own thread.

Just some background for those who don't know what happened:

* Johan Goosen announced that he is retiring from all forms of rugby at the age of 24.
* The purpose for his retirement was to take up a corporate job in South Africa.
* This came as a shock to Racing 92, who just renewed his contract in 2016 where he will get â'¬500 000.00 per season.
* After Goosen announced his retirement, reports surfaced to indicate that he has been linked to Gloucester.
* Another report linked him with the Cheetahs where he used to play.

Now Racing 92 is taking legal steps against Goosen:
[TEXTAREA]"Racing 92 regrets to announce that Johan Goosen has not appeared at the club for the last two days and seems to have vacated his residence at Le Plessis-Robinson," it read.

"As far as Racing 92 is concerned, Johan Goosen still remains bound to the club by an employment contract lasting four years, while his residence, company car, locker, and place in the locker-room all remain at his disposal. To this effect, Johan Goosen remains on the list of players qualified by the EPCR to play in the Champions Cup, starting with the match between Racing 92 and Munster this Saturday.

"In response to Johan Goosen’s behaviour, Racing 92 is forced to initiate several legal proceedings aimed at enforcing its rights and redressing the harm done to the club. Racing 92 believes that the club is a victim of blatant fraud which Johan Goosen, his associates and various advisers must answer for in court.

"Various civil proceedings will be taken out, partly to obtain reimbursement of the advance payments made to Johan Goosen with regard to his image rights, and also to obtain compensation for the non-provision of services to which he had committed in this domain.

"A complaint will also be laid with the French Industrial Tribunal in order to prosecute the player’s fraudulent and wrongful failure to fulfil his contractual obligations and to compensate the resulting significant damage for the club.

"A criminal complaint will also be filed, as the open-ended employment contract produced by Johan Goosen and signed by one of his friends and business associates appears to constitute a phony document, given that it is not conceivable that a player put an end to his sporting career while at the peak of such career, and accept a position in a South African company for a salary ten times less than what he was earning as a rugby player at Racing 92."

The statement continued: "Full light must be shed on the responsibility of the various people who advised Johan Goosen in taking this aberrant and fraudulent strategy, and to this extent, there are grounds for wondering how Johan Goosen is being supported financially given the numerous commitments and investments he has to meet."[/TEXTAREA] http://www.sport24.co.za/Rugby/racing-92-take-legal-steps-against-goosen-20170103

This statement is a pretty harsh one, and they don't shy away from putting Goosen in a bad light. And rightfully so. It seems like Goosen has done himself a lot of harm with this announcement.

But here is my question to this whole debacle. What were the terms of the contract with regard to retirement. Many rugby players retire on a yearly basis, some of them still contracted for 2 or 3 years with their Club or Franchise. Yet this is the first time I hear that a club is taking legal steps against a player for retiring.

In 2015, Frik Kirsten, a prop, had to retire from rugby at the age of 26 due to a neck injury, and on advise of his doctors, had no choice but to hang up his boots. His contract with the Bulls was still valid for 3 years, yet they handled the matter amicably.

So did Racing 92 know about Goosen's plan to retire prior to the announcement? Did they not accept his announcement and now want to make an example out of him? Or was Goosen the only one at fault here?

I'm all for Racing 92 getting the money back for what they paid him in advance, I am a firm believer of the "No Play - No Pay"-concept.

The rumours going around in SA is that it's Goosen's wife who is behind the whole debacle, in that she's homesick and wants to return to the family farm in SA, and is now pressuring Goosen to make a plan.

 

[Cruz_del_Sur]

I do not know for sure, but i can make an educated guess regarding the retirement thing. I would be surprised if the contracts they sign do not have some sort of clause that prevents them from working elsewhere (unless previously agreed). So, if you retire because of an injury, it'd be understandable and expected from the club to waive that right. It's not that you don't want to play, it's that you cant. Also think of it in terms of publicity, it'd be terrible for the club.

But this is not what i see here. Goosen's case is very different. First, he can play, he just chose not to. Second, from what i've read, he didn't inform anyone, he just stopped showing up and moved out. If this is true, that is as unprofessional as you can get. Third, his side of the story (going to a corporate job in RSA) is very, very hard to believe. When you've got nothing to hide you come out and make a statement explaining at least superficially what you are doing and why. It's common courtesy to the fans and to your employer.

I would be incredibly surprised if contractually this doesn't end up blowing up in his face. I mean, on one corner you've got a fully lawyer-ed up team that deals with tons of contracts on a regular basis and on the other you've got a young player who's career is still young. If he gets away with this something is structurally wrong with the way Racing is handling things.

If it was the wife, just sit down with the club, explain the situation and take it from there. You will have to give back money, sure.

I am a firm believer of the "No Play - No Pay"-concept.

By play you mean actual playing or being available to play for the club/franchise/etc?

 

[TRF_heineken]

I do not know for sure, but i can make an educated guess regarding the retirement thing. I would be surprised if the contracts they sign do not have some sort of clause that prevents them from working elsewhere (unless previously agreed). So, if you retire because of an injury, it'd be understandable and expected from the club to waive that right. It's not that you don't want to play, it's that you cant. Also think of it in terms of publicity, it'd be terrible for the club.

Retirement can be of many situations, not just because of injury. I know of a lot of Rugby players that retired because of family reasons. Some even retired from proffessional rugby to start their proffession as a doctor/auditor/attorney. Derick Kuun for instance, he retired after he completed his honours degree in accounting.

But if Goosen was linked with another club, he wouldn't retire, as the burden will be solely on him to repay the Club. That's why I think those reports are just BS.

But this is not what i see here. Goosen's case is very different. First, he can play, he just chose not to. Second, from what i've read, he didn't inform anyone, he just stopped showing up and moved out. If this is true, that is as unprofessional as you can get. Third, his side of the story (going to a corporate job in RSA) is very, very hard to believe. When you've got nothing to hide you come out and make a statement explaining at least superficially what you are doing and why. It's common courtesy to the fans and to your employer.

Why is it very hard to believe that he got a corporate job? Sure he will get less money than what he's getting at Racing, but he's young and educated, I don't see any reason why this is doubtful. In fact this is the part I believe, along with the story about his wife. Living on the farm, working, being with family and friends... Something most guys from the Free State do and love.

I would be incredibly surprised if contractually this doesn't end up blowing up in his face. I mean, on one corner you've got a fully lawyer-ed up team that deals with tons of contracts on a regular basis and on the other you've got a young player who's career is still young. If he gets away with this something is structurally wrong with the way Racing is handling things.

It has already blown up in his face. But I think there is more to the story than what is being said. Goosen has also been dead-quiet since he announced his retirement in December.

If it was the wife, just sit down with the club, explain the situation and take it from there. You will have to give back money, sure.


By play you mean actual playing or being available to play for the club/franchise/etc?

Actually playing.

 

[AzaMatt]

i think he will do his corperate job for a year or whatever then sign for another team. possibly a legal loophole as he will have been retired for a season or something.

 

[TRF_heineken]

i think he will do his corperate job for a year or whatever then sign for another team. possibly a legal loophole as he will have been retired for a season or something.

That's exactly what I'm thinking. And that's why I'm wondering what the clauses in the contracts are with regard to retirement. And if there isn't such a clause, what the course of action is in France...

 

[AzaMatt]

That's exactly what I'm thinking. And that's why I'm wondering what the clauses in the contracts are with regard to retirement. And if there isn't such a clause, what the course of action is in France...

if that is the case though then surely his reputation will be irreversibly damaged. what club in their right mind would want to sign someone who does that

 

[Gavin]

I read somewhere that Goosen thought that his life was to be a farmer

 

[TRF_heineken]

if that is the case though then surely his reputation will be irreversibly damaged. what club in their right mind would want to sign someone who does that

Desperate teams will sign him. He's a good rugby player, and still very young. Maybe he'll grow up a bit after this...

I read somewhere that Goosen thought that his life was to be a farmer

Just like Frans Steyn, Danie Rossouw and Bakkies Botha. They are cut from the same cloth.

 

[die_mole]

Actually playing.

so if a team refuses to play a player you think they shouldn't have to pay them?

 

[TRF_heineken]

so if a team refuses to play a player you think they shouldn't have to pay them?

Well, there are ways to structure it. But I think the structure should have 2 incentive programmes in the contract. A basic salary, and a commission for each game played. That way, the club gives the player an incentive on being fit, healthy, and co-operative.

But if a team refuses to play a player, it's also basically breach of contract, as they are then preventing him from performing as agreed.

 

[die_mole]

Well, there are ways to structure it. But I think the structure should have 2 incentive programmes in the contract. A basic salary, and a commission for each game played. That way, the club gives the player an incentive on being fit, healthy, and co-operative.

But if a team refuses to play a player, it's also basically breach of contract, as they are then preventing him from performing as agreed.

if a team signs a player for a certain amount of money, but they decide that he isn't good enough to play

they should still have to pay him, cause it's on them for signing in the first place

or are you for a restructuring of contracts instead of saying that players who don't play just shouldn't be paid?

 

[Cruz_del_Sur]

etirement can be of many situations, not just because of injury. I know of a lot of Rugby players that retired because of family reasons. Some even retired from proffessional rugby to start their proffession as a doctor/auditor/attorney. Derick Kuun for instance, he retired after he completed his honours degree in accounting.

But if Goosen was linked with another club, he wouldn't retire, as the burden will be solely on him to repay the Club. That's why I think those reports are just BS.

It is very, very rare for a professional athlete who earns half a million a year to give up his sports career to work on a corporate job. It's not impossible, but it is incredibly rare.

I assume if retiring was a valid reason to breach a contract people would have exploited that loophole already. In these sort of things i tend look at who's got the biggest wallet (therefore lawyers) and more experience and teams/franchises do this way more often than players.

Then again, you've got cases like Brian Mujati and the Lions and it makes you wonder so i guess you have a point.

Why is it very hard to believe that he got a corporate job? Sure he will get less money than what he's getting at Racing, but he's young and educated, I don't see any reason why this is doubtful. In fact this is the part I believe, along with the story about his wife. Living on the farm, working, being with family and friends... Something most guys from the Free State do and love.

Because my experience indicates it is incredibly rare. For every player you name that's done something of that sort there are tens of thousands of corporate workers who'd happily do the opposite if they could.
Again, not impossible but i look at the odds and have to second guess his motives.

It has already blown up in his face. But I think there is more to the story than what is being said. Goosen has also been dead-quiet since he announced his retirement in December.

I agree with there is surely more to this story, but as far as i understand he hasn't paid back all the money he received as advances. Moving somewhere else, changes in jurisdiction, getting a good lawyer, who knows, he might even get away with it.

Actually playing.

Agree to disagree i guess. I'm with themole25 here.
They way i see it relates to what i do i guess: if i hire a consultant and chose not to give him anything to do and have him sitting on a chair all day contributing nothing whatsoever, i still have to pay him.

 

[saulan]

or are you for a restructuring of contracts instead of saying that players who don't play just shouldn't be paid?

This is a thing that already exists in South Africa though. My cousin's friend played for WP and the Kings and received a basic salary and then an additional payment for every match day 23 that he made.

 

[die_mole]

pretty interesting story... apparently he shot his friend in the foot

 

[LeinsterMan (NotTigsMan)]

This is going to make a great film.

Gosling to play Goosen maybe?

 

[die_mole]

This is going to make a great film.

Gosling to play Goosen maybe?

idk if gosling would be willing to butcher his hair

 

[LeinsterMan (NotTigsMan)]

idk if gosling would be willing to butcher his hair

He better or I will not be casting him.

Not like he is flavour of the month or something.

 

[ratsapprentice]

Get Affleck to do it. The great ****.

 

[LeinsterMan (NotTigsMan)]

Which affleck?

 

[ratsapprentice]

The ****.