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Eels Salary Cap MK IV

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Poupou Escobar

Post Whore
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91,282
That hashtag doesn't make any sense, wanna explain it's meaning in this context?

Or did it not mean anything and was just a dig for no reason?

It means he's been exposed as a troll. He's got nothing else. Whinging and white anting the board solved nothing when they were elected and it's solved nothing now. I'm sure Jake realises it will solve nothing when the next board don't bring us success as fast as we'd like it.
 
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19,389
Not on this topic, see your post below.



Under the NRL rules clubs aren't allowed to "channel cash to players through false invoices" just as under NRL contracts players "aren't allowed to play other sports without the permission of the club". I would infer that the use of the word sport would be any "organised sport", whether that is for the Wallabies or third grade rugby, it's still "organised sport", so the level of "organised sport" would be irrelevant for a breach to occur, as would the amount of "channelled cash to players through false invoices".

Lets not BS here, if Junior Paulo was earning the same amount as Nathan Peats I dare say his services may no longer have been required.

The issue with the club's behaviour referred to above is not just about breach of contract, nor is it about the breach of an employment contract (which are treated differently in law). The alleged behaviour by the club may constitute fraud (i.e. a criminal offence). My point is that it doesn't really matter whether a potential fraud is for $50k or $500k. If proven that is evidence of a serious attempt to benefit from a systematically organised act of deception.

The alleged behaviour of JP, in playing a game or 3rd grade rugby, goes nowhere near that. Add to that the protection afforded in labour relations relative to other commercial relations, and I think the differences between the 2 cases are very clear.
 
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Chipmunk

Coach
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17,375
The issue with the club's behaviour referred to above is not just about breach of contract, nor is it about the breach of an employment contract (which are treated differently in law). The alleged behaviour by the club may constitute fraud (i.e. a criminal offence). My point is that it doesn't really matter whether a potential fraud is for $50k or $500k. If proven that is evidence of a serious attempt to benefit from a systematically organised act of deception.

The alleged behaviour of JP, in playing a game or 3rd grade rugby, goes nowhere near that.

But both, are still by the letter of contract law, a breach.

If we sacked him over this, and in two years time he is awarded damages, do you think it will count against this or that year salary cap? I would think not, because if it did then Cronulla are going to be in deep salary cap trouble if Todd Carney wins his court case.
 
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Oscarman

Juniors
Messages
1,907
Both both, are still by the letter of contract law, a breach.

If we sacked him over this, and in two years time he is awarded damages, do you think it will count against this or that year salary cap? I would think not, because if it did then Cronulla are going to be in deep salary cap trouble if Todd Carney wins his court case.
Nah the NRL will count it against every year's salary cap - after all that's what they do isn't it? #3millionmyarse
 
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But both, are still by the letter of contract law, a breach.

If we sacked him over this, and in two years time he is awarded damages, do you think it will count against this or that year salary cap? I would think not, because if it did then Cronulla are going to be in deep salary cap trouble if Todd Carney wins his court case.

Yeh, and my point is and has been that the nature of the breach matters. One is possible fraud. The other is far from it.

The Carney situation is about failure to allow due process.....they fired him without allowing him to defend himself.

I'm not sure what that, or the possible salary cap treatment of other damages, has to do with whether we can or will successfully fire a bloke for playing a game of rugby.
 

oldmancraigy

Coach
Messages
11,937
Nah the NRL will count it against every year's salary cap - after all that's what they do isn't it? #3millionmyarse

Don't be so cynical.

They will wait until we are having a very good year, then apply it to that years salary cap, and tell us to sack someone else to get cap compliant.
Gives them a nice cycle to work with I guess?
 

ash411

Bench
Messages
3,411
Yeh, and my point is and has been that the nature of the breach matters. One is possible fraud. The other is far from it.

The Carney situation is about failure to allow due process.....they fired him without allowing him to defend himself.

I'm not sure what that, or the possible salary cap treatment of other damages, has to do with whether we can or will successfully fire a bloke for playing a game of rugby.

I wonder how that will work? because in the eyes of the law, paying a football player (within or outside of the salary cap guidelines) are still perfectly fine, as long as you are declaring that expense to the ATO, what I mean is, it isn't illegal to chuck a player $30K in a paper bag, as long as the govt knows you did. They couldn't care less about the NRL's rules.

I guess the nature of funneling that money through a different company with the invoice for goods we didn't receive would be the bit that's bad there. The playing a player outside the cap wouldn't even come into the conversation..
 
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I wonder how that will work? because in the eyes of the law, paying a football player (within or outside of the salary cap guidelines) are still perfectly fine, as long as you are declaring that expense to the ATO, what I mean is, it isn't illegal to chuck a player $30K in a paper bag, as long as the govt knows you did. They couldn't care less about the NRL's rules.

I guess the nature of funneling that money through a different company with the invoice for goods we didn't receive would be the bit that's bad there. The playing a player outside the cap wouldn't even come into the conversation..

Fraud is deception with an intent to obtain a benefit. If the purpose of the deception is to obtain a benefit by allowing the club to recruit more/better players than they could otherwise, and potentially earn greater $$ through playing success, I don't think it's too hard to join the dots. It's unlikely to go down that path though.
 

hindmarshisgod

Juniors
Messages
638
I laugh at the conspiracy theories.

Could it be possible that the nrl wanted a powerhouse eels team considering the huge drawcard we are, and were willing to sweep it all under the carpet, as they already removed the 4 point penalty before the season began for cap reasons.

Is it possible that the nrl were reluctant to deduct points but the ongoing leaks and smear campaign forced thier hand, and these leaks would not stop untill the nrl acted.

Is it possible that Seward has held Greenburg at ransom to f**k over those that f**ked him over?
 

Chipmunk

Coach
Messages
17,375
Fraud is deception with an intent to obtain a benefit. If the purpose of the deception is to obtain a benefit by allowing the club to recruit more/better players than they could otherwise, and potentially earn greater $$ through playing success, I don't think it's too hard to join the dots. It's unlikely to go down that path though.

It's unlikely the NSW DPP would prosecute unless they could believe that they could EASILY prove that an individual caused financial disadvantage to the NRL or an individual gained financial advantage for themselves, which are essential elements (or the Actus Reus as Avenger indicated the other day) of the offence of fraud in the State of NSW. I doubt either has occurred.
 
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17,645
That hashtag doesn't make any sense, wanna explain it's meaning in this context?

Or did it not mean anything and was just a dig for no reason?

It's what ever you want it to be young Whipersnapper :D
The plumber taught us a lesson and gave us a dose of good governance and other stuff. I'm still sharing that love with all.

#goodgovernance
 

oldmancraigy

Coach
Messages
11,937
I laugh at the conspiracy theories.

Could it be possible that the nrl wanted a powerhouse eels team considering the huge drawcard we are, and were willing to sweep it all under the carpet, as they already removed the 4 point penalty before the season began for cap reasons.

Is it possible that the nrl were reluctant to deduct points but the ongoing leaks and smear campaign forced thier hand, and these leaks would not stop untill the nrl acted.

Is it possible that Seward has held Greenburg at ransom to f**k over those that f**ked him over?

Laughing at the conspiracy theory whilst providing one of your own is, um :?
 
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13,876
I laugh at the conspiracy theories.

Could it be possible that the nrl wanted a powerhouse eels team considering the huge drawcard we are, and were willing to sweep it all under the carpet, as they already removed the 4 point penalty before the season began for cap reasons.

Is it possible that the nrl were reluctant to deduct points but the ongoing leaks and smear campaign forced thier hand, and these leaks would not stop untill the nrl acted.

Is it possible that Seward has held Greenburg at ransom to f**k over those that f**ked him over?

Yep that's exactly what happened.
 
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