_Johnsy
Referee
- Messages
- 28,351
I understand the principle of the ‘company employee’ being stood down on full pay.
However this analogy isn’t completely applicable. I genuinely don’t know the employment nuances of the web of relationships between NRL and the dragons and JDB. My understanding is that the NRL stood JDB down when the Dragons were saying that they believe in the long held maxim ‘innocent until proven guilty beyond reasonable doubt’.
Therefore, who is JDB an employee of? Unlike a company employee, the ‘employer’ ( dragons) did not have a choice of whether or not JDB would be stood down. I would guess that the employer (Dragons) made their own enquires including interviewing JDB as natural justice and made a decision to allow the employee to continue working and the seperate criminal court matter to play out. An employer in the real world has this discretion.
The point I am making is that for the past two seasons we are down on the cap $600k per season due to a criminal matter yet to be tested in a court of law. The club and dragons fans are the ones being punished and had nothing to do with this criminal matter yet to be decided in court. The impracticable ‘concession’ go and buy another JDB with your own cash shows seeming dismissive attitude toward our club and it’s fans, don’t you reckon? Happy to be corrected on this opinion.
I look at in very simplistic terms. The NRL provides grants to allow the football club to survive, the NRL issues licences to the club alllowing them to partake in the competition.
The dragons could (in very basic terms) be considered an employee of the NRL, because of the finance agreement & licence. JDB could then be considered a contracted employee of the dragons & NRL. Not sure if he would be a sub contractor to the NRL or the Dragons. I’m sure Jubbsy would have a better grasp of the possible clauses and details of the possible contractual complexities (although you would have to see the contracts to be certain).
It would certainly be a fascinating experience to run through the inner workings & the obligations of each party.