Contracts ; Breaches of; and getting out of - a can of worms?

View previous topic View next topic Go down

Contracts ; Breaches of; and getting out of - a can of worms?

Post by demosthenes on Mon 19 Dec 2016, 4:08 pm

So, I see from the BBC that Sale (RU) are being sued by Castleford (RL) for inducing one of their stars to 'retire' from RL and to take up RU.

http://www.bbc.co.uk/sport/rugby-league/38341209

I see that this has similarities to the Johan Goosen case with Racing 92, as I thoroughly expect that he has asked his solicitors advise as to how long he needs to have been 'retired' for before be can 'change his mind' and make a come-back.

Thoughts?

demosthenes

Posts : 419
Join date : 2013-10-23
Location : Glasgow

Back to top Go down

Re: Contracts ; Breaches of; and getting out of - a can of worms?

Post by thebandwagonsociety on Mon 19 Dec 2016, 5:41 pm

These don't sound that similar to Bosman. If anything Bosman was ensuring when a contract came to the end of its term it was over and didn't have residual rights. The above talks about someone retiring from sport, so looking to end a contract early.

If the player claimed to be retiring because they were unable to play RL anymore they will be in trouble if they then start playing RU. Being passed fit to play one would prove fitness for the other.

If the player said he is retiring because he is no longer interested in RL and the club agreed to terminate the contract, well then the fact they choose to go into another sport wouldn't impact back on the agreed early termination of the contract.

In reality, RL and RU clubs aren't financial sizeable enough even now to afford to take the hit on an entire elite player salary. For Castleford, they could demand that he sees out his contract (or gets bought out). The player could choose to go back, train and then just stand on the half way line for every match remaining in his contract period. Or the club could leave him on the bench or off the matchday squad. But the player would need to be paid so long as he is keeping himself match fit.

The real bit I don't understand is that castleford have a contract with a player. They have no agreement or contract with Sale, a club in a different sport altogether. Castleford might not have much to take against Sale and may in fact have to cover Sales legal costs if they're not careful.

thebandwagonsociety

Posts : 2282
Join date : 2011-06-02

Back to top Go down

Re: Contracts ; Breaches of; and getting out of - a can of worms?

Post by Shifty on Mon 19 Dec 2016, 7:28 pm

I'm not sure if it's a can of worms or not. Really I guess it depends if you can walk out on a contract as a professional sportsman in one sport and play another one.

For example I'm aware that when Leigh Davies and Gareth Thomas (Alfie), were professionals with Cardiff Blues, that Warrington rugby League team illegally approached them both. This resulted in both players visiting Warrington to do exactly the same thing that this Rugby League team are complaining about. Though both players met up with Kevin Ellis and got so drunk on blackcurrant and cider that by the time they met the coach Darryl van der Velt they could hardly stand up and had blackcurrant smiles, the coach told them to "bugger off and come back when your serious"!



avatar
Shifty

Posts : 7293
Join date : 2011-04-26
Age : 38
Location : Kenfig Hill, Bridgend

Back to top Go down

Re: Contracts ; Breaches of; and getting out of - a can of worms?

Post by formerly known as Sam on Mon 19 Dec 2016, 7:58 pm

I suspect Castleford are hopeful that Sale will pay them to go away and at the same time deter any other union clubs from making offers to their players.

formerly known as Sam

Posts : 12042
Join date : 2011-07-13
Age : 31
Location : Leicestershire

Back to top Go down

Re: Contracts ; Breaches of; and getting out of - a can of worms?

Post by Sponsored content


Sponsored content


Back to top Go down

View previous topic View next topic Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum