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Opesgate - the lastest

Jimbo

Immortal
Messages
40,107
From SMH:

Legal representatives of the Sharks and former coach Chris Anderson will attend a procedural hearing at the Supreme Court tomorrow. Anderson has served unfair dismissal papers on Cronulla.
 
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818
I did contracts at uni last session and from what i remember Anderson doesnt have much of a case if his litigation is in relation to his contract.

It makes sense if his legal action revolves around unfair dismissal. I havent done employment law yet though so i couldnt really comment on what his chances would be like.
 

Macca

Coach
Messages
18,399
We seem to have alot of Law students in our forum. Anyone got any tips for our legal team?
 

newman

First Grade
Messages
7,207
I studied employment relations at uni (Wollongong) and that entails a fair bit of employment law, particulary the rules of unfair dismissal.

Firstly, forget everything you know about unfair dismissal. The rules that pertain here are very different to your average emloyees case who is on an enterprise bargaining agreement general contract, or collective agreement. High profile sports staff are set up with very specific contracts.

It would be very hard to gauge wether Anderson has a case or not without explicitly reading his contract, particularly the clauses dealing with termination of contractual obligations (read, clause on how to sack him).

In general, these read something to the effect of: If the board of directors deems it necessary to terminate this contract, they can do so at their discretion pertaining to a majority vote of the directors in a general assembly with a certain (specified) number of directors present. Of course this is a complete fabrication, but in contracts of this nature, particularly sports ones, the final say ALWAYS remains the threshold of regulatory body, they wont sign one otherwise, and if they do, theyre crazy. I cant see it being any different with Opes contract and if im right, its going to be very hard for him to win, particularly when he publicly invited the organisation to terminate him at one point(Sack me or back me).


In saying that though, it would be remiss to hazard too much of a guess without knowing the specifics of his contract.
 
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818
Im only 2nd Year and just starting to get into it, so i havent studied the relevant law with regards to what Opes is pursuing. I can give no advice that being the case and as mullet says its too hard to gauge anything without knowing the terms of the contract anyway.
 
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14
Rumour today on the radio was that Langmack is on thin ice at Souths and will be lucky to see out the season. Anderson is favoured to take over the team at some stage this year. If this is the case he would not be able to argue that the dismissal adversely affected his future coaching opportunities and this could be of benefit to the Sharks case.
 

MilitaryShark

Juniors
Messages
418
even though im not a big fan of souths, id hate for him to get a job their and wreck that club as well.............let union have him
 

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