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The 3 Breaches & Unfair Dismissal

Frenzy

Juniors
Messages
998
1) I don't think this will go before an IR arbitrator. Not if the paper talk of Ando wanting damages for having his reputation tarnished. If this makes it to court it may well be the big boys court. Supreme Court.

2) Sponsors are clients. They buy advertising rights basically. That's at it's most simple explanation.

3) Contractors are most definitely employees.

4) I'm over it. In true Frenzy non sentimentalist tradition, it's another chapter in history. Even as an ardent Ando supporter over the last 2 years I cry no tears for him. I just hope the club haven't made the man bigger than themselves by risking this costly litigation.

Onward!
 
Messages
4,792
blacktip-reefy said:
ohh shoot me down Dragon slayer. you winner!
go and have a cry over a picture of Ando.
numbat.

hey, BS, why did I confuse you for a lawyer? Have you told a few porkies on here before? ;-)

Come on now, reefy, there's no need to degrade the reputation of harmless endangered Australian marsupials.

Eskimo Sharky has a point, whether this will be handled under contract law.
 

Frenzy

Juniors
Messages
998
blacktip-reefy said:
ohh shoot me down Dragon slayer. you winner!
go and have a cry over a picture of Ando.
numbat.

hey, BS, why did I confuse you for a lawyer? Have you told a few porkies on here before? ;-)

I thought Eskimo was the "old" lawyer?

Or maybe Objective One?
 

The Popper

Bench
Messages
4,353
McSharkie said:
Can you class sponsor's as clients?
I'd say you could, Macca.

Blacktip-reefy wrote:
`Boo hoo...Andos gone. he gonna sue us. Boo hoo, it's the end of the Sharks boo hoo. it's all the boards fault. Raper can't coach. boohoo.'

Struth. He's had a nervous breakdown!
Just when I thought things were going well for you too, Blacktip. The pressure must have been too much. You've cracked. Chin up.
Yep, Andos gone...but I thought that'd make you happy. There, there. I know. I know. After two years of constant Code Red, finally realising the desired outcome is all too much. Dry those tears. There, there!
No...it's not the end of the Sharks. We've been through bad times before.
Yes...the Board did contribute to the situation. No doubt they'll have to justify their actions at the AGM.
No...Raper can coach. He proved that in the mid 90's with our minor grades.
So dry those eyes, little Blacktip. It's really not as bad as you're feeling it at the moment. The Sharks are really lucky to have such a sensitive and compassionate fan such as you.
 

Morpheus

Juniors
Messages
237
"Leaking confidential documents or information"

grounds to sack whichever board member was doing just that for most of last season, even other board members admitted they knew one of them was doing it and would " sniff him out" .

Another point, Sponsors ARE clients and measures have been taken to ensure any future court action will find evidence of official requests made by such clients over the past 4 weeks :)

" repeatedly not turning up for work"

there goes any chance J Anderson had of suing for unfair dismissal !
 

blacktip-reefy

Immortal
Messages
34,079
Morpheus said:
Another point, Sponsors ARE clients and measures have been taken to ensure any future court action will find evidence of official requests made by such clients over the past 4 weeks :)

l !
I doubt it immensely. If that happens, then the Sharks are sunk. Nothing to do with Andersons measley payout.
 

Foz

Bench
Messages
4,124
One of the 2ky guys said that if Anderson sues he can't take it to (some) court as his contract is over $200k. Said Anderson will have to persue his payout/money (whatever) via civil action. One of you guys might be able to work out what that means ie ifits good or bad for Cronulla.
 

Frenzy

Juniors
Messages
998
Foz said:
One of the 2ky guys said that if Anderson sues he can't take it to (some) court as his contract is over $200k. Said Anderson will have to persue his payout/money (whatever) via civil action. One of you guys might be able to work out what that means ie ifits good or bad for Cronulla.

That means I believe Foz, it will have to go to Supreme Court as I mentioned earlier. That could mean trial by jury over certain aspects.

Bigger than Ben Hur potentially.

reefy said:
Morpheus said:
Another point, Sponsors ARE clients and measures have been taken to ensure any future court action will find evidence of official requests made by such clients over the past 4 weeks

l !
I doubt it immensely. If that happens, then the Sharks are sunk. Nothing to do with Andersons measley payout.

Ooooooooooohhhhhhhh ICAC, ICAC, ICAC..........................
 

blacktip-reefy

Immortal
Messages
34,079
& I think morpheus's cred has slipped a fair bit.
The person/s that need confidentiality, will be given confidentiality.
If an organisation cannot have confidentiality at a client level, then they may as well advertise their strategic plan every day in the paper to assist their competition.
 

Morpheus

Juniors
Messages
237
You miss the point blackie.

EVERY piece of correspondance the board has recieved over Andersons reign can, and most probably WILL be used as evidence should this go to court ( supreme as Frenzy says, small claims goes nowhere NEAR high enough for this amount). That is, YOUR letter as a member if you wrote one, any sponsor who wrote on their survey "waiting to see if we have a new coach before I sign up again" etc etc.

This is all material that would assist the board in making thier decision, losing profit and funds from these people due to the actions of their coach is grounds to argue. Obviously the more specific letters sighting ANderson will be the ones used.

" due to the treatment of so and so , I will not be re-joining the club next year"

That could be about a bouncer at balmain leagues, a glass handler at bondi leagues, or a head coach at cronulla leagues"

do you understand now where I am coming from Blacktip ?
 

Morpheus

Juniors
Messages
237
You miss the point blackie.

EVERY piece of correspondance the board has recieved over Andersons reign can, and most probably WILL be used as evidence should this go to court ( supreme as Frenzy says, small claims goes nowhere NEAR high enough for this amount). That is, YOUR letter as a member if you wrote one, any sponsor who wrote on their survey "waiting to see if we have a new coach before I sign up again" etc etc.

This is all material that would assist the board in making thier decision, losing profit and funds from these people due to the actions of their coach is grounds to argue. Obviously the more specific letters sighting ANderson will be the ones used.

" due to the treatment of so and so , I will not be re-joining the club next year"

That could be about a bouncer at balmain leagues, a glass handler at bondi leagues, or a head coach at cronulla leagues"

do you understand now where I am coming from Blacktip ?
 

blacktip-reefy

Immortal
Messages
34,079
Nope, not really.
I doubt the entity I am talking about would have any form of of coorrespondence around that could possibly hang them out. it would have taken no more than a 30 second convo.
If they were stupid enough to do that, the Sharks & possibly a host of other NRL clubs will become sponsorship Pariahs if any confidentiality is lost.
Pilchards, no probs, but if the big fish is named..........
 

Alan Shore

First Grade
Messages
9,390
The big question is though, will the three letters stand up in court? I sure hope they do, but something tells me they won't. This whole saga just proves one thing we already knew - the sooner Gow ousts this current bunch of incompetent fools, the better.
 

bull shark

Juniors
Messages
344
The Law is a game like everything else.

Both sides want to settle out of court - it's just that Ando wants a big settlement (like $1.2M maybe) and the board wants a small settlement (like $100K maybe).

So they bash and barge up the middle for a while, then they try and get it out wide when the other side isn't expecting it. Then a deft little banan-kick to the winger on the other side and you're in for a try. Umm... sorry lost my thread there a bit.

Anyway, they're both going to try to put pressure on the other and if they've each got any sense they'll find a compromise. As I've said in other places: I think that 400K is fair (that's 2004's payout). I don't think that the pay for 2005/6 is deserved but that's what it will get down to.

If we do well next year would Ando argue that that was his team really so that he's entitled to the other 2 years?

It will probably drag on for ages (could be 2 years). Don't expect ti to be gone before the 2004 grand final (tho' I really really hope I'm wrong on this).
 

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