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Court Rejects Athlete Union's Bid To Appeal Employment Ruling
Court Rejects Athlete Union's Bid To Appeal Employment Ruling

Scoop

time17-07-2025

  • Sport
  • Scoop

Court Rejects Athlete Union's Bid To Appeal Employment Ruling

A year's-long battle over whether a group of elite athletes can collectively bargain has ended, after the Court of Appeal rejected an appeal bid from a union representing the country's top rowers and cyclists. The Athletes' Cooperative (TAC), spearheaded by double Olympic rowing champion Mahe Drysdale, was seeking to overturn a decision of the Employment Court in December last year over TAC's three-year dispute with High Performance Sport NZ. The Employment Court ruled that High Performance Sport NZ was not required to enter into collective bargaining with the union, as the two parties were not in an employment relationship. Leave to appeal a decision can only be granted in cases where the court is satisfied that the proposed appeal is of "general of public importance" and is "capable of being seriously argued". In a judgement released on Thursday, the Court of Appeal found TAC's case did not meet that threshold. "We are satisfied that the Employment Court's interpretation ... was correct and that the proposed questions of law are not capable of being seriously argued," the judgement, prepared by Justice David Collins read. "It would be inconsistent with the statutory context for there to be no requirement that the persons who are to benefit from a collective agreement be employees of the relevant employer or for there to be no employment relationship between the union and the employer." High Performance Sport NZ's director of high performance Steve Tew said his agency welcomed the court's decision. "This has been a long process that has taken several years to resolve. We now look forward to moving on and ensuring we are supporting National Sports Organisations to create high performance environments where athletes not only thrive but are also heard and involved in decisions that impact them and help them to be the best they can be," Tew said in a statement. "HPSNZ remains available to liaise with TAC, and any other organisation representing athletes in the high performance environment, to consider any issues that they are unable to be dealt with in their direct relationship with their NSO. "Athlete well-being is a priority for our NSO partners and HPSNZ and we are working hard to demonstrate that through our strategy, system change initiatives, and day-to-day mahi." A spokesperson for TAC could not be immediately reached for comment. The highly political battle stems from mid-2022, when athletes from the country's two most successful Olympic sports formed a union and issued a notice to High Performance Sport NZ that it wished to initiate collective bargaining. Among the co-operative's goals is to push for a system where "our remuneration matches the expectation of our roles and responsibilities, and we have genuine financial stability"; "the well-being and identity of all people are paramount"; and a "strong and respectful staff-athlete performance culture exists, founded on mutual respect, equality and trust". The move came in the wake of a damning review into the culture of New Zealand's elite sporting environments following the suspected suicide of Olympic cyclist Olivia Podmore in August 2021. That review, headed by former solicitor general Mike Heron KC and leading academic Sarah Leberman, raised concerns about the "chilling effects" of the power imbalance between athletes and sports leaders, noting that current athlete agreements imposed far more onerous demands on the athletes than they did on the government agency and national sporting bodies. The review panel recommended that High Performance Sport NZ consult with athletes on the contractor versus employees model "in recognition of the fact they are under [Cycling NZ's] effective control and train/compete at [Cycling NZ's] direction". The report also recommended that an independent athlete representative body be established, which proved the impetus for Drysdale and several high profile cyclists and rowers to form TAC. But the government agency rebuffed attempts by the group to initiate collective bargaining, arguing it did not directly employ athletes - leading to the athlete union lodging a claim with the Employment Relations Authority (ERA). The ERA found in favour of the athletes, determining that High Performance Sport NZ was obligated to engage in good faith collective bargaining. The government agency then appealed that decision to the Employment Court, which overturned the ERA's decision in December last year.

Porteous calls time on Olympic career
Porteous calls time on Olympic career

Otago Daily Times

time15-06-2025

  • Sport
  • Otago Daily Times

Porteous calls time on Olympic career

Wānaka's defending Olympic champion Nico Porteous is stepping back from Olympic competition and will no longer compete in freeski halfpipe. The 23-year-old is New Zealand's most successful male snow sports athlete and leaves the sport as one of the most decorated halfpipe athletes in history. 'I've loved representing New Zealand. Wearing the fern and competing for my country has been the most incredible experience and I'm so proud of what I've achieved,' Porteous said. 'This wasn't an easy decision to make but I'm excited to do something new and I feel like the time is right for me to look for a new challenge and new opportunities.' Despite stepping away from halfpipe competition, Porteous is not retiring from skiing. He plans to maintain his level of skiing and remain active in the sport through filming, product development, and other competitive events. 'I still love skiing and I want to keep skiing to the best of my abilities and keep pushing the boundaries of what's possible in the sport. 'Ultimately, I'm ready for something new. What that looks like I'm not exactly sure but over the past few seasons I've enjoyed filming and producing videos, as well as working on gear and product design. 'There are also other events, like Natural Selection Ski, that I'm keen to explore. I'm open to new opportunities and excited to see what the next chapter looks like.' Porteous made history for New Zealand in 2022, landing a right and left double corked 1620 combination to win Olympic gold in the halfpipe at the Beijing Winter Games. Four years earlier, he stomped a stunning run to win bronze as a 16-year-old at the PyeongChang 2018 Winter Olympics. His career highlights also include two X-Games gold medals, a World Championship title, and five World Cup medals. Porteous is widely credited with helping to drive the progression and creativity of freeski halfpipe and inspire a new generation of Kiwi snow sports athletes. 'What I've achieved wouldn't have been possible without an amazing team of people behind me. 'First of all, I'd like to thank my family for all their support. Mum and Dad have made this dream come true, and getting to ski alongside my brother Miguel has been such a cool experience. 'My sponsors have been a huge part of my journey, and I'm so grateful for their support. Snow Sports New Zealand and High Performance Sport NZ have also played such an important role and the results I've had wouldn't have happened without their help.' Porteous says he wishes the Snow Sports NZ team well and will be cheering them on in Milan. 'It's super inspiring to see this new batch of athletes coming through. The future of the sport is looking really bright in New Zealand and I can't wait to see them in action in Milano Cortina.' Snow Sports New Zealand CEO Nic Cavanagh congratulated Porteous on his career and acknowledged his significant contribution to his sport both in New Zealand and internationally. - APL

Olivia Podmore's mother 'shocked' by inquest findings
Olivia Podmore's mother 'shocked' by inquest findings

Otago Daily Times

time23-04-2025

  • Sport
  • Otago Daily Times

Olivia Podmore's mother 'shocked' by inquest findings

By Dana Johannsen of RNZ The mother of Olivia Podmore has told a coronial inquest she has been shocked by the information that has been revealed over the last six months of the protracted proceedings. The inquest into the sudden death of the young athlete in August 2021 came to an emotional conclusion on Wednesday when Podmore's family addressed the court. In her closing statement, Podmore's mum Nienke Middleton said it had been difficult to hear about her daughter's experiences in the Cycling NZ programme. Earlier in the inquest, the court heard evidence the young athlete experienced "relentless bullying" after inadvertently exposing an affair between a coach and another athlete at a training camp in Bordeaux in 2016. The incident was the central controversy examined in Mike Heron's 2018 inquiry into the sport, which made a raft of damning findings. A further independent inquiry was carried out after Podmore's death, which Coroner Louella Dunn has indicated will be ruled a suicide. But Middleton told the court it was only through the inquest process that she has learned the true extent of what the Olympic sprint cyclist experienced during her time under the care of Cycling NZ. "It's taken nearly four years to piece together the full story of what happened to my daughter. And now that we have, we are shocked. Shocked because Livi had asked so many people, particularly those in senior management, for help over the years," Middleton said. "People who knew what was happening tried to help, they were not listened to and they, in turn, didn't last long at Cycling NZ and High Performance Sport NZ." While Middleton knew her daughter had struggled at times at Cycling NZ, she said she had no inkling that Podmore had been in such psychological distress. "That day I had no idea why Livi took her own life. The first I heard that Livi had been having health struggles was from Raelene Castle and Jacques Landry in a television interview the next day. "We had no idea what had been going on. Nobody from Cycling NZ or High Performance Sport NZ thought it might be worth contacting me over the five years Livi was in Cambridge." Podmore's father, Philip, also took the opportunity to make a personal statement to the court. In his first public comments since the death of his daughter, Philip Podmore said it was his hope that no other family of a young athlete has to experience such a senseless tragedy. "After sitting through this inquest, we have learned a lot more about the struggles Olivia faced while being under the care of Cycling NZ. We hope Cycling NZ and High Performance [Sport NZ] can learn from this tragic event," a visibly emotional Philip Podmore said. "From what we have heard during the inquest, this could have been avoided." "We will always be proud of Liv and amazed at the courage she showed lasting as long as she did throughout all of this. We love her dearly and know she will live on in all the people that she positively influenced throughout her short life. We miss you so much, Liv Rose." Counsel for Cycling NZ, Paul David KC, acknowledged what Podmore experienced in the programme "should never have happened". David assured the court the sport has undergone a major cultural shift in the wake of Podmore's shock death. "The evidence before the inquest shows that cycling has responded to Olivia's death by doing all in its power to see that the training and competitive environment for the teams of athletes, coaches and support staff is positive and enjoyable." In a statement released at the conclusion of the hearing, High Performance Sport NZ chief executive Raelene Castle, acknowledged the emotional toll the process has taken on Podmore's friends and family. "We thank them for the integrity and grace with which they have conducted themselves throughout this inquest," Castle said. "Athlete wellbeing is one of three key focuses of the HPSNZ strategy and there has been significant work done by HPSNZ and the National Sporting Organisations (NSOs) over the last five years including more dedicated health providers, a focus on athlete wellbeing and voice mechanisms, supported with increased levels of investment. "The Inquest, and its ultimate findings, along with this ongoing work, are important factors to ensure athletes can thrive and succeed in the high performance environment, now and into the future." Where to get help: Need to Talk? Free call or text 1737 any time to speak to a trained counsellor, for any reason Lifeline: 0800 543 354 or text HELP to 4357 Suicide Crisis Helpline: 0508 828 865 / 0508 TAUTOKO. This is a service for people who may be thinking about suicide, or those who are concerned about family or friends Depression Helpline: 0800 111 757 or text 4202 Samaritans: 0800 726 666 Youthline: 0800 376 633 or text 234 or email talk@ What's Up: 0800 WHATSUP / 0800 9428 787. This is free counselling for 5 to 19-year-olds Asian Family Services: 0800 862 342 or text 832. Languages spoken: Mandarin, Cantonese, Korean, Vietnamese, Thai, Japanese, Hindi, Gujarati, Marathi, and English. Rural Support Trust Helpline: 0800 787 254 Healthline: 0800 611 116 Rainbow Youth: (09) 376 4155 OUTLine: 0800 688 5463 Aoake te Rā bereaved by suicide service: or call 0800 000 053 If it is an emergency and you feel like you or someone else is at risk, call 111.

'We will always be proud of Liv': Olivia Podmore inquest comes to an emotional conclusion
'We will always be proud of Liv': Olivia Podmore inquest comes to an emotional conclusion

RNZ News

time23-04-2025

  • Sport
  • RNZ News

'We will always be proud of Liv': Olivia Podmore inquest comes to an emotional conclusion

Photo: Dianne Manson / Composite RNZ The mother of Olivia Podmore has told a coronial inquest she has been shocked by the information that has been revealed over the last six months of the protracted proceedings. The inquest into the sudden death of the young athlete in August 2021 came to an emotional conclusion on Wednesday when Podmore's family addressed the court. In her closing statement, Podmore's mum Nienke Middleton said it had been difficult to hear about her daughter's experiences in the Cycling NZ programme. Earlier in the inquest, the court heard evidence the young athlete experienced "relentless bullying" after inadvertently exposing an affair between a coach and another athlete at a training camp in Bordeaux in 2016. The incident was the central controversy examined in Mike Heron's 2018 inquiry into the sport, which made a raft of damning findings. A further independent inquiry was carried out after Podmore's death, which Coroner Louella Dunn has indicated will be ruled a suicide. But Middleton told the court it was only through the inquest process that she has learned the true extent of what the Olympic sprint cyclist experienced during her time under the care of Cycling NZ. "It's taken nearly four years to piece together the full story of what happened to my daughter. And now that we have, we are shocked. Shocked because Livi had asked so many people, particularly those in senior management, for help over the years," Middleton said. "People who knew what was happening tried to help, they were not listened to and they, in turn, didn't last long at Cycling NZ and High Performance Sport NZ." Elite sprint cyclist Olivia Podmore pictured with her mother, Nienke Middleton, at Christchurch Airport in August 2021. The Rio Olympian died in a suspected suicide at her Cambridge flat later that day. Photo: Supplied While Middleton knew her daughter had struggled at times at Cycling NZ, she said she had no inkling that Podmore had been in such psychological distress. "That day I had no idea why Livi took her own life. The first I heard that Livi had been having health struggles was from Raelene Castle and Jacques Landry in a television interview the next day. "We had no idea what had been going on. Nobody from Cycling NZ or High Performance Sport NZ thought it might be worth contacting me over the five years Livi was in Cambridge." Podmore's father, Philip, also took the opportunity to make a personal statement to the court. In his first public comments since the death of his daughter, Philip Podmore said it was his hope that no other family of a young athlete has to experience such a senseless tragedy. "After sitting through this inquest, we have learned a lot more about the struggles Olivia faced while being under the care of Cycling NZ. We hope Cycling NZ and High Performance [Sport NZ] can learn from this tragic event," a visibly emotional Philip Podmore said. "From what we have heard during the inquest, this could have been avoided." "We will always be proud of Liv and amazed at the courage she showed lasting as long as she did throughout all of this. We love her dearly and know she will live on in all the people that she positively influenced throughout her short life. We miss you so much, Liv Rose." Counsel for Cycling NZ, Paul David KC, acknowledged what Podmore experienced in the programme "should never have happened". David assured the court the sport has undergone a major cultural shift in the wake of Podmore's shock death. "The evidence before the inquest shows that cycling has responded to Olivia's death by doing all in its power to see that the training and competitive environment for the teams of athletes, coaches and support staff is positive and enjoyable." Elite cyclist Olivia Podmore died in August 2021 in a suspected suicide. Photo: Supplied In a statement released at the conclusion of the hearing, High Performance Sport NZ chief executive Raelene Castle, acknowledged the emotional toll the process has taken on Podmore's friends and family. "We thank them for the integrity and grace with which they have conducted themselves throughout this inquest," Castle said. "Athlete wellbeing is one of three key focuses of the HPSNZ strategy and there has been significant work done by HPSNZ and the National Sporting Organisations (NSOs) over the last five years including more dedicated health providers, a focus on athlete wellbeing and voice mechanisms, supported with increased levels of investment. "The Inquest, and its ultimate findings, along with this ongoing work, are important factors to ensure athletes can thrive and succeed in the high performance environment, now and into the future." If it is an emergency and you feel like you or someone else is at risk, call 111. Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.

Olivia Podmore inquest comes to emotional end
Olivia Podmore inquest comes to emotional end

Otago Daily Times

time23-04-2025

  • Sport
  • Otago Daily Times

Olivia Podmore inquest comes to emotional end

By Dana Johannsen The mother of Olivia Podmore has told a coronial inquest she has been shocked by the information that has been revealed over the last six months of the protracted proceedings. The inquest into the sudden death of the young athlete in August 2021 came to an emotional conclusion on Wednesday when Podmore's family addressed the court. In her closing statement, Podmore's mum Nienke Middleton said it had been difficult to hear about her daughter's experiences in the Cycling NZ programme. Earlier in the inquest, the court heard evidence the young athlete experienced "relentless bullying" after inadvertently exposing an affair between a coach and another athlete at a training camp in Bordeaux in 2016. The incident was the central controversy examined in Mike Heron's 2018 inquiry into the sport, which made a raft of damning findings. A further independent inquiry was carried out after Podmore's death, which Coroner Louella Dunn has indicated will be ruled a suicide. But Middleton told the court it was only through the inquest process that she has learned the true extent of what the Olympic sprint cyclist experienced during her time under the care of Cycling NZ. "It's taken nearly four years to piece together the full story of what happened to my daughter. And now that we have, we are shocked. Shocked because Livi had asked so many people, particularly those in senior management, for help over the years," Middleton said. "People who knew what was happening tried to help, they were not listened to and they, in turn, didn't last long at Cycling NZ and High Performance Sport NZ." While Middleton knew her daughter had struggled at times at Cycling NZ, she said she had no inkling that Podmore had been in such psychological distress. "That day I had no idea why Livi took her own life. The first I heard that Livi had been having health struggles was from Raelene Castle and Jacques Landry in a television interview the next day. "We had no idea what had been going on. Nobody from Cycling NZ or High Performance Sport NZ thought it might be worth contacting me over the five years Livi was in Cambridge." Podmore's father, Philip, also took the opportunity to make a personal statement to the court. In his first public comments since the death of his daughter, Philip Podmore said it was his hope that no other family of a young athlete has to experience such a senseless tragedy. "After sitting through this inquest, we have learned a lot more about the struggles Olivia faced while being under the care of Cycling NZ. We hope Cycling NZ and High Performance [Sport NZ] can learn from this tragic event," a visibly emotional Philip Podmore said. "From what we have heard during the inquest, this could have been avoided." "We will always be proud of Liv and amazed at the courage she showed lasting as long as she did throughout all of this. We love her dearly and know she will live on in all the people that she positively influenced throughout her short life. We miss you so much, Liv Rose." Counsel for Cycling NZ, Paul David KC, acknowledged what Podmore experienced in the programme "should never have happened". David assured the court the sport has undergone a major cultural shift in the wake of Podmore's shock death. "The evidence before the inquest shows that cycling has responded to Olivia's death by doing all in its power to see that the training and competitive environment for the teams of athletes, coaches and support staff is positive and enjoyable." In a statement released at the conclusion of the hearing, High Performance Sport NZ chief executive Raelene Castle, acknowledged the emotional toll the process has taken on Podmore's friends and family. "We thank them for the integrity and grace with which they have conducted themselves throughout this inquest," Castle said. "Athlete wellbeing is one of three key focuses of the HPSNZ strategy and there has been significant work done by HPSNZ and the National Sporting Organisations (NSOs) over the last five years including more dedicated health providers, a focus on athlete wellbeing and voice mechanisms, supported with increased levels of investment. "The Inquest, and its ultimate findings, along with this ongoing work, are important factors to ensure athletes can thrive and succeed in the high performance environment, now and into the future." Where to get help: Need to Talk? Free call or text 1737 any time to speak to a trained counsellor, for any reason Lifeline: 0800 543 354 or text HELP to 4357 Suicide Crisis Helpline: 0508 828 865 / 0508 TAUTOKO. This is a service for people who may be thinking about suicide, or those who are concerned about family or friends Depression Helpline: 0800 111 757 or text 4202 Samaritans: 0800 726 666 Youthline: 0800 376 633 or text 234 or email talk@ What's Up: 0800 WHATSUP / 0800 9428 787. This is free counselling for 5 to 19-year-olds Asian Family Services: 0800 862 342 or text 832. Languages spoken: Mandarin, Cantonese, Korean, Vietnamese, Thai, Japanese, Hindi, Gujarati, Marathi, and English. Rural Support Trust Helpline: 0800 787 254 Healthline: 0800 611 116 Rainbow Youth: (09) 376 4155 OUTLine: 0800 688 5463 Aoake te Rā bereaved by suicide service: or call 0800 000 053 If it is an emergency and you feel like you or someone else is at risk, call 111.

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