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Sharks cap superthread - latest: NRL clears Flanagan to assistant coach from 2020

T

The Marshall

Juniors
Messages
630
If the Sharks have done anything dodgy with the cap they better be hoping that no one that was made redundant knows much about it because there is nothing like a ex employee with an axe to grind.
 
Fire

Fire

First Grade
Messages
9,669
The Marshall said:
If the Sharks have done anything dodgy with the cap they better be hoping that no one that was made redundant knows much about it because there is nothing like a ex employee with an axe to grind.
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That's why you have them sign a deed of release.

If the Sharks have been too dumb to do that then they really do deserve everything that comes their way.
 
Saxon

Saxon

Bench
Messages
3,187
Fire said:
That's why you have them sign a deed of release.

If the Sharks have been too dumb to do that then they really do deserve everything that comes their way.
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Explain to me how you make a disgruntled employee who quits or is fired sign one of them?
Anyway whistle-blowing is not only legal, but legally protected - unless of course it's against the government, a major bank, or (worst of all) the police.
 
Perth Red

Perth Red

Post Whore
Messages
69,982
Saxon said:
Explain to me how you make a disgruntled employee who quits or is fired sign one of them?
Anyway whistle-blowing is not only legal, but legally protected - unless of course it's against the government, a major bank, or (worst of all) the police.
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Non disclosure agreements are common place to keep commercial confidences. Given the NRL investigation is not a legal case the ex employee would have no compunction to give evidence. ie what has affectionately become known as the "Andrew Gee solution".
 
Fire

Fire

First Grade
Messages
9,669
Saxon said:
Explain to me how you make a disgruntled employee who quits or is fired sign one of them?
Anyway whistle-blowing is not only legal, but legally protected - unless of course it's against the government, a major bank, or (worst of all) the police.
Click to expand...
The reports I've heard said the Sharks employees were made redundant; not terminated and they didn't resign.

The way you make someone sign a deed of release is to give them a financial incentive. For example: If you sign this deed of release we will give you 5 weeks pay plus your redundancy package, or, if you don't sign this deed of release you will only receive your redundancy package (leading up to Christmas, mind you).

You put into the deed of release (air tight AF) what you do not want them talking about (under 'confidential information'). 'Whistle blowing' doesn't really come into it.

Anyone who didn't sign a deed of release you then figure out what they knew within the organisation and what they could say, and prepare for the blow back:

1. If they do go to the papers and the papers publish anything libelous (and if you have the resources) you sue the newspaper; and/or

2. If they go to the NRL and give them any confidential information regarding Sharks operations (the NRL are not God, and clubs do have rights), you do not allow the NRL to use that information.
 
Tiger5150

Tiger5150

Bench
Messages
3,887
Fire said:
The reports I've heard said the Sharks employees were made redundant; not terminated and they didn't resign.

The way you make someone sign a deed of release is to give them a financial incentive. For example: If you sign this deed of release we will give you 5 weeks pay plus your redundancy package, or, if you don't sign this deed of release you will only receive your redundancy package (leading up to Christmas, mind you).

You put into the deed of release (air tight AF) what you do not want them talking about (under 'confidential information'). 'Whistle blowing' doesn't really come into it.

Anyone who didn't sign a deed of release you then figure out what they knew within the organisation and what they could say, and prepare for the blow back:

1. If they do go to the papers and the papers publish anything libelous (and if you have the resources) you sue the newspaper; and/or

2. If they go to the NRL and give them any confidential information regarding Sharks operations (the NRL are not God, and clubs do have rights), you do not allow the NRL to use that information.
Click to expand...

Yes, but a deed of release is a contract, and a legal contract cant include encompassing illegality. You cant contract someone to include something that is unlawful. I think under this circumstance you couldnt stop a whistle-blower. Of course you can stop them talking about operations and procedures that were legal but I dont think you could include "illegal" operations within a Deed of Release.
 
shaggs

shaggs

Coach
Messages
11,148
Tiger5150 said:
Yes, but a deed of release is a contract, and a legal contract cant include encompassing illegality. You cant contract someone to include something that is unlawful. I think under this circumstance you couldnt stop a whistle-blower. Of course you can stop them talking about operations and procedures that were legal but I dont think you could include "illegal" operations within a Deed of Release.
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No probably not. But do Australian courts see breaching the NRL salary cap as illegal??
 
Perth Red

Perth Red

Post Whore
Messages
69,982
Tiger5150 said:
Yes, but a deed of release is a contract, and a legal contract cant include encompassing illegality. You cant contract someone to include something that is unlawful. I think under this circumstance you couldnt stop a whistle-blower. Of course you can stop them talking about operations and procedures that were legal but I dont think you could include "illegal" operations within a Deed of Release.
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Cheating the salary cap isn't illegal. It is against the NRL's rules, it's not breaking a law (unless it involved some sort of fraud or tax evasion).
 
Fire

Fire

First Grade
Messages
9,669
Tiger5150 said:
Yes, but a deed of release is a contract, and a legal contract cant include encompassing illegality. You cant contract someone to include something that is unlawful. I think under this circumstance you couldnt stop a whistle-blower. Of course you can stop them talking about operations and procedures that were legal but I dont think you could include "illegal" operations within a Deed of Release.
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Of course re: illegality - but have the Sharks done anything 'illegal'? (Only they know that). And if they have, and it can be proven, again, they deserve everything that comes their way

It's a given people are going to be pissed off. They'll talk shit. It happens.

But 'talking shit' v saying something that could damage the Sharks commercial interests are two completely different things.
 
Fire

Fire

First Grade
Messages
9,669
Perth Red said:
(unless it involved some sort of fraud or tax evasion).
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Pretty much.

As a Sharks fan I would be more concerned this could be investigated by the police or ATO - I wouldn't be too concerned about the NRL or disgruntled former employees talking shit.

Melbourne were investigated by the police and ATO, but came out fine.

But if the Sharks are strapped for cash that could break them (the police like to drop matters; but the ATO don't and you will quickly use up all your resources if you decide to fight them).
 
A

AJB1102

First Grade
Messages
6,339
The Marshall said:
If the Sharks have done anything dodgy with the cap they better be hoping that no one that was made redundant knows much about it because there is nothing like a ex employee with an axe to grind.
Click to expand...

We already got a snitch as CEO, why pay more whistleblowers?
 
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