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Eels Salary Cap MK III

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84 Baby

Referee
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28,223
Yeh, sure, but if during their audit they've obtained copies of the invoices, and the associated payments without record of receiving goods/services (and they seem dumb enough to have to done this in some cases for goods rather than services.......), then the only thing up for debate is what the TP did with the cash.

I know what I would have done with the cash. And given all the court cases regarding unpaid TPAs perhaps I'm not the only one ;-)

But people keep saying we had an opportunity to confess. If Seward did stuff but we weren't aware of it, how can you confess?

A lot of ifs I know.
Sadly that's the price you pay with employees. I have some suspicions particularly from the Mossop article, but at the end of the day if Seward did something, then it means the club did it, regardless of knowledge of doing so. Unless it's outside the scope of his employment, but he was CEO so fat f**king chance
 

akers

Juniors
Messages
88
I apologise in advance if this question has been answered..until the NRL hand down there FINAL verdict do we still have our 12 points??
 
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14,283
Hang in there people.
As a supporter of a club that has been through the wringer for a number of years I know how you feel.
Stay strong because your club will come out of this the better.
 

caylo

Bench
Messages
4,870
And we can still accrue points until such a time we challenge their finding or admit responsiblity
 

selkirk

Juniors
Messages
45
In past seasons clubs exceed the salary cap. If we have actually exceeded the cap we are told we cannot accrue points till back under. So if for instance Penrith go over their cap this year after say round 20 do they stop accruing points thereafter?

Haven't the NRL set a precedent in the past that all clubs caps are reviewed only at season end. If over then they only cop a fine. At season end this year I would expect we will be under and not even a monatary penalty. How can they dock us points in this season?
 

Noise

Coach
Messages
17,224
In past seasons clubs exceed the salary cap. If we have actually exceeded the cap we are told we cannot accrue points till back under. So if for instance Penrith go over their cap this year after say round 20 do they stop accruing points thereafter?

Haven't the NRL set a precedent in the past that all clubs caps are reviewed only at season end. If over then they only cop a fine. At season end this year I would expect we will be under and not even a monatary penalty. How can they dock us points in this season?

That would be the 2nd tier cap...that is different to our situation.
 

Noise

Coach
Messages
17,224
If a player in match payments exceeds the lowest paid player from top 25 he then becomes main salary cap which may push this cap over

Doesn't he stay 2nd tier but then his match payments effect the following years cap?
 

hindy111

Post Whore
Messages
58,991
I talked to a friend who studied LAW. Not a bad analysis

I don’t believe he Greenberg understood the terms of the injunction. Someone must have got in his ear. To me it’s debatable that Parra should not be able to play for points before they have had a chance to reply to the “preliminary Report” … Just doesn’t make sense. You just don’t come out with a “prelim report” and then sanction penalties based on the same report/findings. It’s like when a policeman hands you a speeding fine and you take the matter to court. You don’t have to pay the fine until the magistrate has handed down their verdict … So if Parra dispute the finding and take the matter to court, then technically Parra should be allowed to play for points and the board continue until the court gives a ruling… But it depends what powers the NRL have … and this is where it gets messy. Parra may dispute the jurisdiction of the NRL to do what they have done. Keep in mind the Parra Leagues club runs independent of the NRL. So to try to force board members out could be deemed as intimidation or coercion … I just don’t like the way the system is set up. The NRL is not a regulatory body. So if you do not obey a procedure for example, then it’s not necessarily a crime. Yet they have the power to penalise by way of fining a club for breaches … this is not uncommon. But the way they practice is heavily governed and they simply do not have the power of a regulatory body like WorkCover for example. So they cannot just walk in and shut the site down .. or the club down in this instance. Even if they have signed an agreement that allows the NRL to impose penalties the way they have, these sorts of powers can be deemed as misuse of powers under Corporations Act etc. Or can be deemed as illegal practices and the agreement between the club and NRL virtually made null & void. Like a Boss has no right to sack a worker from his own business unless its done legally. Doesn’t matter that its his own business.


There are so many legal angles, it’s a spider web of complexities. The best thing the NRL could have done was sat down with Parra first and gave them the opportunity of reply before going to media. And Parra asked for this in the beginning.. This was just another dumb decision by Todd Greenberg,. Just silly … The NRL may think they are powerful but these kinds of bodies are not liked by the courts as they have too much power for the courts liking… Hence they can get scrutinised quite heavily and this is not what Todd Greenberg wants.

Anyways I will reserve judgement but the NRL may have picked a fight with the wrong kid. They better have their ducks lined up. Surely they cannot be that stupid??
 
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