The 3 Breaches & Unfair Dismissal

[MarkTheShark]

The Three breaches were...

2. Was the dismissal dealt with fairly ?

If this can be dealt with under these guidlines, I believe this will be a loophole CA's legal team could use.

1) The board invited CA to present a case why he should stay
2) Raper was informed prior to the above that he would be coach.

If Raper was to be "put on the stand" so to speak, and "tell the whole truth etc..." We would discover that the board had already made up their mind, and that point 1 above was a smokscreen to appear to be fair.

If this was revealed as truth, CA would be considered to be unfairly dismissed.

CA's laywers could present the above to the board and simply state, give CA $X and we will not pursure the above in court.

All IMO.

Mark

 

[King of the Hill]

good point

anderson was invited to put a case forward

and the board was telling everyone that he was already gone
he never had a chance

but after 3 letters, does it matter?

 

[blacktip-reefy]

yes it does matter.
I have seen a few HR cases on much lower level, but that is how it works. If he wasn't allowed to put his case forward, then he would have the system on his side.
As it stands, it seems the Sharks followed the law, to the letter, in regards to this instance.
nobody was appointed, nobody was told they would be appointed, no public statements were made, as to the letter of the guidelines for dismissal.
privately, what you are saying maybe true, but that is irrelevant.
If you go into a meeting like he went into, it starts by outlining the reason for the meeting & emphasises that there is a possibility that by the end of the meeting, the employment agreement may be terminated.
he would have known that, so what they talked about for an hour or so remains a mystery.
Perhaps they got straight down to negotiations.

 

[Foz]

I have no idea on these legal things (and wont pretend I know anything either) but 2 things have me concerned.
1) Was it Cronulla's (employer) to train/coach whatever Anderson if he wasnt meeting their guidelines? Did we do anything?
2) Can a court rule he has to be reinstated in his position. I've seen this in some court cases but most of the time a settlement is made and the person doesnt go back to work.
Sorry if this seems ignorant but I dont have any idea on these laws.

 

[Alan Shore]

I have no idea on these legal things (and wont pretend I know anything either) but 2 things have me concerned.
1) Was it Cronulla's (employer) to train/coach whatever Anderson if he wasnt meeting their guidelines? Did we do anything?
2) Can a court rule he has to be reinstated in his position. I've seen this in some court cases but most of the time a settlement is made and the person doesnt go back to work.
Sorry if this seems ignorant but I dont have any idea on these laws.

Under the law it is possible for a court to order that an employee unfairly dismissed be returned his position. That's pretty unlikely though and it wouldn't work in a football team.