Falcons obliged to pay Pienaar

Attie Pienaar will be paid by the Falcons

Tokiso Dispute Settlement (TDS) has ruled that the Falcons Rugby Union (FRU) will be forced to pay former Falcons prop Attie Pienaar the R60 000 that was due to him after sustaining a career-ending neck injury in September 2006.

While Pienaar admits that his first year out of rugby has been extremely difficult to come to terms with, he said that he had always been positive that he had a strong case against the Falcons.

"I always did have confidence that the matter would be resolved," Pienaar told this website on Tuesday.

"I must admit I am relieved that the issue is now over. I have had to be extremely patient, as the year has been all about survival for me," added Pienaar.

The ruling was a victory for South African rugby players' rights, but Pienaar is still struggling to come to terms with not being able to play rugby again.

"I am still very disappointed about the injury. I mean, I would give up the money if it meant that I would play rugby again," added the Falcons prop, who has yet to receive word from his former union on the matter.

Pienaar might not receive word from the FRU until next year, as the date of payment has been set for only January 2008.

The South African Rugby Player's Association (SARPA) welcomed Tokiso panelist Esther De Kerken's decision in a statement to the press, also on Tuesday.

De Kerken's ruling confirms that Pienaar was, in terms of the Standard Players Contract, entitled to a six-month injury benefit payment after he sustained his injury.

The FRU had paid Pienaar for only the first month, arguing that it did not need to pay him after his contract with the union had expired in October 2006. After numerous unsuccessful attempts to get the matter resolved it was referred to arbitration.

"The principle has now been confirmed that despite the expiring of a player's fixed term contract, the Province still needs to honour its injury payment obligations in terms of injured players," said SARPA CEO Piet Heymans.

"It sends a clear message that Provinces still have a responsibility towards an injured player post the fixed-term contract coming to an end. This is an important ruling and will serve as a precedent for all future decisions in this regard," added Heymans.

"Professional rugby players will now have peace of mind that their injury payment benefits are guaranteed despite the expiration of their player contracts with their Provincial rugby unions," concluded Heymans on Tuesday.

By Siyabonga Mchunu