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Eels Salary Cap Mk V

emjaycee

Coach
Messages
12,867
Indeed, but would it not have been prudent to not go public with the possible penalties before allowing the club to respond.

Wasn't the court case about due process in suspending the GO5 before advising them of their penalty and giving them the chance to respond and didn't the court rule that the NRL followed acceptable practice within both their own rules and the law? Same as in an employment scenario where staff can be suspended from duties pending an investigation in which they have a chance to respond to allegations. Unfortunately the issue at heart is that the NRL is a very public entity/organisation and therefore more people are interested in it than in what happens when the checkout gal at Coles lifts a pack of ciggies.

As I recall, there was no court case regarding the clubs penalties and lack of due process. Everyone knows the breach notice announced was interim and the club had a chance to respond (and did) before the final penalty is delivered.
 

emjaycee

Coach
Messages
12,867
So please enlighten me how they could have not caused "embarrassment, shame and impact" if they are not guilty ?

Or Stopped another OLGA investigation ?

Whether or not the individuals are guilty or not, there are too many allegation against the club for some of them not to be true and even if Seward did them without the Boards knowledge, at some point accountability by the current board needed to taken.

We had months of newspaper allegations and subsequent denials by our Chairman and others and months of blame being pushed onto others, eventually resulting in the NRL's Interim Breach Notice. I am of the opinion these articles and potentially the severity of the interim penalties could have been avoided by an admittance by the current Board that it accepts accountability for the actions of both current and previous staff members and Directors and an open and transparent approach to assisting the NRL in uncovering any apparent discrepancies in our cap management.
 

strider

Post Whore
Messages
78,603
Whether or not the individuals are guilty or not, there are too many allegation against the club for some of them not to be true and even if Seward did them without the Boards knowledge, at some point accountability by the current board needed to taken.

We had months of newspaper allegations and subsequent denials by our Chairman and others and months of blame being pushed onto others, eventually resulting in the NRL's Interim Breach Notice. I am of the opinion these articles and potentially the severity of the interim penalties could have been avoided by an admittance by the current Board that it accepts accountability for the actions of both current and previous staff members and Directors and an open and transparent approach to assisting the NRL in uncovering any apparent discrepancies in our cap management.

meh ... the nrl can go get f**ked

Whether we are guilty or not the NRL handling of it all was just as f**king inept
 

Delboy

First Grade
Messages
6,810
The constant press remarks of "NRL sources state" , when continuing to level different accusations and penalties really needs to be investigated and taken into account

Newspapers and shock jocks appear to have ongoing leaks from official sources to support the NRL , really was pretty obvious and fed into the sh*t storm to convict and sentence prior to any response

Still waiting for Greenberg et al to comment, will have to wait until he gets on someone like Raaay or similar I imagine.
 
Messages
17,033
The constant press remarks of "NRL sources state" , when continuing to level different accusations and penalties really needs to be investigated and taken into account

Newspapers and shock jocks appear to have ongoing leaks from official sources to support the NRL , really was pretty obvious and fed into the sh*t storm to convict and sentence prior to any response

Still waiting for Greenberg et al to comment, will have to wait until he gets on someone like Raaay or similar I imagine.

What you perceive as a injustice happens everyday, even Governments leak info to the papers. It's nothing new.
 
Messages
14,121
Whether or not the individuals are guilty or not, there are too many allegation against the club for some of them not to be true and even if Seward did them without the Boards knowledge, at some point accountability by the current board needed to taken.

We had months of newspaper allegations and subsequent denials by our Chairman and others and months of blame being pushed onto others, eventually resulting in the NRL's Interim Breach Notice. I am of the opinion these articles and potentially the severity of the interim penalties could have been avoided by an admittance by the current Board that it accepts accountability for the actions of both current and previous staff members and Directors and an open and transparent approach to assisting the NRL in uncovering any apparent discrepancies in our cap management.


Take responsibility, is that what you want or is it that you want them to admit guilt ? What if the club has dealt with these potential breach notices in house before the NRL needs to be notified, or indeed should have been notified? As for a transparent approch to the NRL, I would counter saying it would have been good of the NRL to be transparent as well and tell the club what it was investigating and why, but that goes to my point of not publicising the Breach notice and the potential penalties before working with the club.
 

emjaycee

Coach
Messages
12,867
Yes that was what the case was about, and Yes that was the ruling, and as I have said the I am glad the club explored this, and it is something I would expect the clubs as a whole to work on changing in future negotiations. The clubs are not employees of the NRL they are appointed by the members of their club to run their club, an outside body interfering with those appointments, stinks to my mind.

If we don't like the rules, don't sign up.
The NRL has published rules that the Clubs receive and each of the GO5 signed up to the NRL's Accreditation knowing the process the NRL would follow.
And the NRL isn't an outsider - they are the franchiser of which each club is the franchisee and to get a franchise (and keep it) you must follow the rules. Can't see my local McDonalds getting away with making Whopper Burgers for too long.

Not everyone knows that, I would say your average punter doesn't know that in detail unless they are Parramatta supporters and still I would say about 25% of those still feel like it was a final statement.

Umm, we are still 5th on the ladder with all our points 6 weeks after the notice - even the average punter would realise that the points haven't been taken yet so obviously the penalty isn't final.
 

Joshuatheeel

Moderator
Staff member
Messages
19,581
So the NRL is apparently close to handing down their final decision. Find it strange we haven't had an article in the last few days based on "leaked" information. What's happening???
 

Oscarman

Juniors
Messages
1,863
So the NRL is apparently close to handing down their final decision. Find it strange we haven't had an article in the last few days based on "leaked" information. What's happening???
Maybe not close enough to start leaking like a weak bladder. Kent etc will know a few days before. Or maybe they don't like the final decision and are waiting until it is released to unleash a bigger shit storm than we have copped for the last 3 months. Can only hope.
 
Messages
14,121
If we don't like the rules, don't sign up.
Said what? We should not be part of the NRL ? I am sure those rule weren't in place in 1947.

The NRL has published rules that the Clubs receive and each of the GO5 signed up to the NRL's Accreditation knowing the process the NRL would follow.

Yet there were details about it being changed and all Board members of all clubs, being advised they have to check a box on an NRL website they agree and understand the update.

And the NRL isn't an outsider - they are the franchiser of which each club is the franchisee and to get a franchise (and keep it) you must follow the rules. Can't see my local McDonalds getting away with making Whopper Burgers for too long.

Sure, but do they then ban the franchiser from going to work while the test the allegations. . . .

Umm, we are still 5th on the ladder with all our points 6 weeks after the notice - even the average punter would realise that the points haven't been taken yet so obviously the penalty isn't final.

I know this, you know this. But in speaking with above average punters from other clubs in certain area's there is quite a bit of ambiguity about the penalty.
 

Gronk

Moderator
Staff member
Messages
73,535
If we don't like the rules, don't sign up.

I'm irked about the chicken vs egg argument with the NRL.

The NRL are blow ins and in my mind are the custodians of the game which was nurtured by the founding clubs.

The beast that is now the NRL in my mind exists to administer the game, but now has the authority to remove the founding clubs from the very competition that they first created. They control an asset that they paid $zip for. Goodwill created by clubs over 70-100 years can be taken away from them without compensation.

The NRL are now proposing a perpetual licence and some of the details are scary.

The NRL has proposed wide-ranging powers which were never part of the original discussion. Among them, The Weekend Aust*ralian was told, was the requirement to provide monthly financial reports and the power to seize club infrastructure and assets should the NRL decide there are grounds to terminate a club?s licence.
http://www.theaustralian.com.au/spo...h/news-story/fff88e59abbc143e887dd3f5b60c9adb
 

emjaycee

Coach
Messages
12,867
I'm irked about the chicken vs egg argument with the NRL.

The NRL are blow ins and in my mind are the custodians of the game which was nurtured by the founding clubs.

The beast that is now the NRL in my mind exists to administer the game, but now has the authority to remove the founding clubs from the very competition that they first created. They control an asset that they paid $zip for. Goodwill created by clubs over 70-100 years can be taken away from them without compensation.

The NRL are now proposing a perpetual licence and some of the details are scary.

http://www.theaustralian.com.au/spo...h/news-story/fff88e59abbc143e887dd3f5b60c9adb

I am irked by the whole NRL v traditional competition thing as well, however I do accept that while we may not like it, we do choose to participate. We could always lead the formation of a break-away comp I guess.
 

emjaycee

Coach
Messages
12,867
Said what? We should not be part of the NRL ? I am sure those rule weren't in place in 1947.

MITS, the whole game has moved on since 1947 and we have moved with it by choice.


Yet there were details about it being changed and all Board members of all clubs, being advised they have to check a box on an NRL website they agree and understand the update.

So did our Board tick the box?
The Court seems to think the NRL process was fair and when I read the transcript I understood the NRL process the judge followed to make this determination and I am not a highly paid legal dude. Maybe we need to appoint smarter people to our Board so they don't waste the Clubs money while ignoring the advice of the Club Solicitor?



Sure, but do they then ban the franchiser from going to work while the test the allegations. . . .

Mate it is in the rules. Seriously, if you are found with your hand in the till in Kmart you don't get to stay a cashier serving people while they go and re-wind the CCTV. And if you are accused of shooting someone you are or are not granted bail, based on the evidence presented in the charge sheet and at the Bail Hearing. The NRL believed they had sufficient evidence and so the GO5 were given a SUSPENSION and time to refute the allegations against them individually which they have done. Where is the lack of procedural fairness in this?
 

84 Baby

Referee
Messages
28,032
MITS, the whole game has moved on since 1947 and we have moved with it by choice.




So did our Board tick the box?
The Court seems to think the NRL process was fair and when I read the transcript I understood the NRL process the judge followed to make this determination and I am not a highly paid legal dude. Maybe we need to appoint smarter people to our Board so they don't waste the Clubs money while ignoring the advice of the Club Solicitor?





Mate it is in the rules. Seriously, if you are found with your hand in the till in Kmart you don't get to stay a cashier serving people while they go and re-wind the CCTV. And if you are accused of shooting someone you are or are not granted bail, based on the evidence presented in the charge sheet and at the Bail Hearing. The NRL believed they had sufficient evidence and so the GO5 were given a SUSPENSION and time to refute the allegations against them individually which they have done. Where is the lack of procedural fairness in this?
After the court case, I don't think there was a lack of procedural fairness, but communication was completely shite. And if NRL are going to be overlords of the game they really need to sort out their own shiteness
 
Messages
14,121
MITS, the whole game has moved on since 1947 and we have moved with it by choice.

Yes we have as a club, but that is dancing around the point isn't it. The point is do all clubs feel that this is a just clause for the NRL to apply to its Licence holders.

So did our Board tick the box?
The Court seems to think the NRL process was fair and when I read the transcript I understood the NRL process the judge followed to make this determination and I am not a highly paid legal dude. Maybe we need to appoint smarter people to our Board so they don't waste the Clubs money while ignoring the advice of the Club Solicitor?

No, this was after our Breach notice, as a corrective measure the NRL inserted to ensure all clubs understood the above position of the NRL.

Mate it is in the rules. Seriously, if you are found with your hand in the till in Kmart you don't get to stay a cashier serving people while they go and re-wind the CCTV.

No, but there you are not a Franchiser you are an employee.

And if you are accused of shooting someone you are or are not granted bail, based on the evidence presented in the charge sheet and at the Bail Hearing.

Where you get to have your own say and defence before the trial

The NRL believed they had sufficient evidence and so the GO5 were given a SUSPENSION and time to refute the allegations against them individually which they have done. Where is the lack of procedural fairness in this?

Again see point 1 and point 3 in this reply. It might be NRL procedure and the judge said it was fair according to their procedure, but again and I can't state this enough, if the NRL changes its procedure to include clubs in this investigation by being open about what they were investigating, and not spill it's guts to every reporter in the land we might have had a very different scenario to what we have at the moment.
 

BoneyBlake17

Juniors
Messages
885
The annoying thing about waiting for the final decision is it affects future recruitment cant do much until the final decision is handed down
 
Messages
19,100
I'm irked about the chicken vs egg argument with the NRL.

The NRL are blow ins and in my mind are the custodians of the game which was nurtured by the founding clubs.

The beast that is now the NRL in my mind exists to administer the game, but now has the authority to remove the founding clubs from the very competition that they first created. They control an asset that they paid $zip for. Goodwill created by clubs over 70-100 years can be taken away from them without compensation.

The NRL are now proposing a perpetual licence and some of the details are scary.

http://www.theaustralian.com.au/spo...h/news-story/fff88e59abbc143e887dd3f5b60c9adb

Don't forget that we are actually part of the NRL. i.e. We (like the other clubs) are a member of the NRL, not just a participant in their competition.
 

T-Boon

Coach
Messages
15,143
I'm irked about the chicken vs egg argument with the NRL.

The NRL are blow ins and in my mind are the custodians of the game which was nurtured by the founding clubs.

The beast that is now the NRL in my mind exists to administer the game, but now has the authority to remove the founding clubs from the very competition that they first created. They control an asset that they paid $zip for. Goodwill created by clubs over 70-100 years can be taken away from them without compensation.

The NRL are now proposing a perpetual licence and some of the details are scary.

http://www.theaustralian.com.au/spo...h/news-story/fff88e59abbc143e887dd3f5b60c9adb

"the game will get stronger only when the club influence gets weaker" this quote is the truth.

The clubs are run by ex players who just aren't bright enough to run clubs let alone a competition that unfortunately needs to compete with other more savvy organisations.
 
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