Penrith will be forced to drop one of the stars of their resurgence, fullback Matt Moylan, because of what officials have called ''unreasonable'' second-tier salary cap restrictions.
The Panthers have been notified by the NRL that should they play Moylan against Wests Tigers on Sunday, they will risk a substantial fine, and there are also doubts about winger Travis Robinson's availability for the match.
Moylan is said to be ''shattered'' by the development. His manager Allan Gainey said he would likely consult with lawyers over whether the move was a restraint of trade. Instead of playing in the NRL on Sunday, Moylan is likely to turn out for Windsor Wolves against Newtown in Parkes on the same day. Robinson's selection will need to be confirmed by further discussions.
Moylan and Robinson were called into the side in round seven as the club dealt with a shocking injury toll. The pair have since played a key role in the Panthers winning four of their past five matches, a run that has moved them into the top eight.
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But with Wes Naiqama having recovered from injury, the Panthers sought to gain exemption to play Moylan, because he is in the second-tier salary cap. The club was told Moylan's selection would represent a second-tier cap breach. Naiqama will play in place of Moylan, while Geoff Daniela would replace Robinson, who has scored five tries in five matches, if officials cannot come to agreement over his selection.
''This is a highly unfortunate situation, and it affects all clubs from time to time, not just the Panthers,'' Penrith's executive general manager of rugby league Phil Gould said. ''I have been in discussion with the NRL chief executive Dave Smith and the chief operating officer Jim Doyle for some time, highlighting the problems that the current second-tier salary cap creates in our game. They have been extremely proactive in launching a review of all aspects of the salary-cap structures.
''I trust Dave and Jim to find a workable solution some time in the near future. It's just unfortunate that young Matt Moylan and perhaps other players at other clubs are caught in the bind of what we see as an unreasonable restraint of their development and the ability of teams to remain competitive during the course of a long season.
''The league is aware of the issue and is working hard to ensure it doesn't happen again.
''Our view is that the second-tier salary cap has no place in the game today, as it may have had perhaps a decade ago.''
An NRL spokesman confirmed the administration had begun a review of the second-tier salary cap before Penrith's complaints about Moylan. ''The NRL has already had discussions with Penrith and other clubs in relation to the second-tier cap,'' the spokesman said. ''Further discussions with Penrith and other clubs are planned.'' That will be little comfort for Moylan, who earns less than half the minimum wage of the NRL, and has now been denied the chance to earn match payments for playing at the top level.
The second-tier salary cap, for players outside the top 25, is $375,000. But Penrith have argued that the cap has risen only 25 per cent since 2005, failing to keep up with increases in the NRL salary cap.
Moylan recently re-signed with the Panthers until the end of 2015. His contract was also believed to be structured so he would earn more in 2015 if he played a certain number of games in 2013-14. That prospect is now in doubt.
''It's a ridiculous situation,'' Gainey said. ''It's affected my player's ability to earn, it's affected his development. He should be playing first grade.
''The coach wants him to play first grade. It's something the RLPA [players' union] should have addressed in the latest [bargaining agreement]. All clubs have a problem with it - $375,000 for the second-tier cap is crazy. We'd seriously consider our legal options, as we regard it as a restraint of trade.''
The development comes with the Panthers still having significant injury problems. Lachlan Coote (pectoral), Blake Austin (foot), Sam McKendry (back) and Tom Humble (ankle) remain on the injured list. To add to their woes, front-rower Tim Grant is likely to be sidelined for the next month with a broken hand.
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