Rumours and Stuff

[emjaycee]

I have a current contract and if someone offered me a better deal and my current organisation I have a contract with refused to release me from my contract and I challenged this in the courts indicating that it was a restraint of trade, then I'm sure I'd win.

Having said that, my actual current contract can be terminated by either party for any reason with one hours notice, so it's a bit of a mute point.

I would think that challenging it and winning would depend if you also have a non-compete clause in your contract, the length and breadth of said non-compete clause not withstanding. Obviously the other party could hold you to a notice period, which as you state is moot in your case but not in all contracts.

 

[Glenneel]

Ask yourself one question. If the Duke was here would we lose any promising juniors?

I rest my case. Lets hope BA and Bernie dont f**k things up.

Gould says they don't have the money to sign anybody yet they still do. So how do they keep signing their juniors to bigger and bigger deals without going over cap?

 

[Gronk]

Since when do contracts assure a player remains at a club until its end? As we've seen this year and probably every other year for ages it doesn't. Brown would be mad to turn it down if true and you can't blame him. Huge risk by Warriors, and by us if we follow suit. Could be our best junior half since Tim Smith but he could be at another club.

He’d be mad not to turn it down if he doubts his own ability. Some might say that he should only sign for two years as the next contract could nett him $1m+ per season.

 

[Chipmunk]

A restraint of trade is purely a financial implication, not an ability to play footy at the highest level. A salary cap (which the development contract is a part of) is absolutely a restraint of trade, but it is deemed reasonable by the courts and the RLPA through the CBA.

Where has it actually been tested in the courts? I don't believe that anyone has bothered challenging the actual salary cap have they?

Your post above confirms that the salary cap is probably a restraint of trade. Restraints of trade occur in every day life. None of them mean that they wouldn't be considered illegal if ever challenged in a court. I would be highly surprised if the NRL salary cap wouldn't be considered a cartel arrangement under the Competition and Consumer Act. Cartel arrangements are illegal. But if everyone involves is happy about it and no one is bothering to challenge it, then it will just continue to happen. The clubs would be the only ones who would challenge the salary cap and they're Agreements with the NRL indicate that they can't challenge in a court any rules of the NRL or something or other.

If as you say a restraint of trade is purely a financial implication, then if someone is limited to earning $60,000 under a Development Contract and another party offers that player $100,000, then holding this person to a contract, then it would be deemed a restraint of trade also.

 

[Glenneel]

This is f**king awesome news!! ... gives us something else to bitch and moan about even though none of us really know whats going on ...... f**k yeah!!!

Its really exciting!

 

[IFR33K]

Exactly. We’re trying to release one of them and we don’t care which. So of course we’ve shopped both around.

Sounds like the old saying, ‘even a broken clock is right twice a day’.

 

[Glenneel]

He’d be mad not to turn it down if he doubts his own ability.

One would hope he has faith in his ability which shows confidence which will reflect in his future performances in NRL. If he is promoted to top 30 this year I could see Gower being the one to drop out and become employed by club for the role they are offering him next year. The employment of Gower is as puzzling as the ex ISP player Andrew Davey the new SRer. I would have hoped some of our juniors would be in top 30 instead of these 2 guys.

 

[Bolgeel]

They've been identified by the coaching staff, the issue now goes to Bernie and the invisible O'Neill , who like players hasn't been formally announced yet, to assist by planning their contract pathways in the same professional manner in which their playing pathways were managed over the past 3/4 years by Fieldsy.

No good spruiking about being a development club if you can't deliver what is in your system. Let's hope Mr Gurr is up to the task.

But we have only been a development club for 5 minutes and it seems like the effort to offload overpaid halves and not appear to be in the media hunting for rival stars is a good thing. Plus all the apparent upgrades to juniors is a good sign, I think a lot more would be in the top 30 if mennings, taka, French and one of the halves were not here.
If we can hold onto the talented juniors through to 2020 then we can prove whether we are truly a development club

 

[Gronk]

 

[Poupou Escobar]

Sounds like he was denied his release.

 

[Happy MEel]

I employ sub-contractors at an agreed rate for an agreed period. Just because they can get more from my competition doesn't mean they have the right to sue me - or that I have to increase their rate. They signed the contract at the agreed rate/term so I am within my rights to hold them to it.

If at the time of agreeing to a development contract Brown thought he deserved an NRL top 30 contract at whatever salary, his manager should have negotiated that with us there and then. He took the gamble.

Spot on. That contract was agreed to by Brown’s camp so he can’t cry foul now that another club is offering more money (which is the only thing courts look at).

 

[Soren Lorenson]

Way to disrupt an off season. When are these guys going to learn to just be upfront.

 

[Glenneel]

I didn't realise Dresler has had to retire due to injuries but here is a top 30 squad (actually only 26) that with some additional players in the weaker spots, could be a 2020 squad for a development club.

2020
Utility: Salmon, Smith
Fullback: - Layoun, French
W/C: Ferguson, G. Jennings, Sivo, Gutho, Parry, Dunster, Afualo, Aukafolau
Half: - D Brown,
Hooker: - Mahoney, Schneider
Edge forward: Lane, Niukore, Moeroa, Fainga’a,
Tight forward: Brown, Evans, Paulo, Terepo, Kaufusi, S. Utoikamanu, Stone

Believe Filia Uto....., if cleared from broken neck, will be added to squad this year. Held in high regard by club so that's 27 if we can hold onto all of them.

 

[Glenneel]

No idea, but recently Klemmer, Napa and Johnston have changed clubs so there’s a chance someone under contract could become available.......

Anyhow I doubt we wouId release both Norman / Moses !!

But BA told both players they could look elsewhere, and if both found a club what would happen then? This is Parra after all.

 

[Gronk]

I didn't realise Dresler has had to retire due to injuries but here is a top 30 squad (actually only 26) that with some additional players in the weaker spots, could be a 2020 squad for a development club.

2020
Utility: Salmon, Smith
Fullback: - Layoun, French
W/C: Ferguson, G. Jennings, Sivo, Gutho, Parry, Dunster, Afualo, Aukafolau
Half: - D Brown,
Hooker: - Mahoney, Schneider
Edge forward: Lane, Niukore, Moeroa, Fainga’a,
Tight forward: Brown, Evans, Paulo, Terepo, Kaufusi, S. Utoikamanu, Stone

You could offer Cam Smith $2m and drop him into that squad.

 

[Happy MEel]

Where has it actually been tested in the courts? I don't believe that anyone has bothered challenging the actual salary cap have they?

Your post above confirms that the salary cap is probably a restraint of trade. Restraints of trade occur in every day life. None of them mean that they wouldn't be considered illegal if ever challenged in a court. I would be highly surprised if the NRL salary cap wouldn't be considered a cartel arrangement under the Competition and Consumer Act. Cartel arrangements are illegal. But if everyone involves is happy about it and no one is bothering to challenge it, then it will just continue to happen. The clubs would be the only ones who would challenge the salary cap and they're Agreements with the NRL indicate that they can't challenge in a court any rules of the NRL or something or other.

If as you say a restraint of trade is purely a financial implication, then if someone is limited to earning $60,000 under a Development Contract and another party offers that player $100,000, then holding this person to a contract, then it would be deemed a restraint of trade also.

Actually it has been tested in the courts with Adamson Vs NSW Rugby League. He took a class action against NSW Rugby League as the league we’re trying to implement a salary cap AND a player draft. The court held it was reasonable to uphold the salary cap to protect the League’s interest but the addition of a player transfer was deemed unreasonable.

I don’t think it can be argued the court will find in favour of the plaintiff if they challenge the salary cap as it has already been tested.

https://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1009&context=slej

 

[84 Baby]

Where has it actually been tested in the courts? I don't believe that anyone has bothered challenging the actual salary cap have they?

Your post above confirms that the salary cap is probably a restraint of trade. Restraints of trade occur in every day life. None of them mean that they wouldn't be considered illegal if ever challenged in a court. I would be highly surprised if the NRL salary cap wouldn't be considered a cartel arrangement under the Competition and Consumer Act. Cartel arrangements are illegal. But if everyone involves is happy about it and no one is bothering to challenge it, then it will just continue to happen. The clubs would be the only ones who would challenge the salary cap and they're Agreements with the NRL indicate that they can't challenge in a court any rules of the NRL or something or other.

If as you say a restraint of trade is purely a financial implication, then if someone is limited to earning $60,000 under a Development Contract and another party offers that player $100,000, then holding this person to a contract, then it would be deemed a restraint of trade also.

The salary cap is not a direct imposition on players ability to earn money, it's a capping of expenditure by clubs. I highly doubt any challenge in a court would be successful, or even welcomed. The clubs are the member bodies of the NRL, there are numerous other venues to go before legal action. Even if it were successful, the end result would likely be no change to current practice or ultimately collapse.

But anyway enforcing a binding contract is not in itself a restraint of trade!

 

[Obscene Assassin]

One would hope he has faith in his ability which shows confidence which will reflect in his future performances in NRL. If he is promoted to top 30 this year I could see Gower being the one to drop out and become employed by club for the role they are offering him next year. The employment of Gower is as puzzling as the ex ISP player Andrew Davey the new SRer. I would have hoped some of our juniors would be in top 30 instead of these 2 guys.

At least Gower is good enough for first grade and Davey is putting in the work in pre-season. GL on the other hand, let's hope Canberra are desperate for a back-up winger now that they've applied for dispensation for rapana.

 

[hindy111]

Do you have an opinion of your own on Sandow's attacking game? Or are you just happy being Poo's 'Little Sir Echo'? Actually, you dont talk about footy much on here do you? Probably dont know that much about it. Just happy to be the class clown. That's fine. You're often very funny. Love your posts.

I dont find Gary that funny. I find my humour far more appealing. Class clown sums Garys slap stick attempt

 

[hindy111]

Clubs must have rocks in their heads to commit so much of their cap on untested teens. Yes Ponga worked out, but may I remind everyone of Ricky’s blunder with Karl Filiga ?

$$Broncos$$ recently signed Payne Haas on a 6 year deal for $3.4m.

Here’s a qn for you merkins, if NZ table Brown a Haas style offer, would you match the deal or let him go ?

Match it