Re: Denny Solomona speculation & implications : Sun Nov 27, 2016 6:07 pm  

Opps double post that's what happens when you multi task

Re: Denny Solomona speculation & implications : Sun Nov 27, 2016 6:31 pm  

bezzerscr wrote:

Sale sharks argument will be he retired from RL and chose to play another sport and there is no agreement between league and union to honour each others bans.
Remember all those union converts from when union was amateur all were given bans by the RFU and we ignored them so apart from banning from league can't see anything other than Cas accepting an undisclosed fee.

Sale cant just ignore contract and employment law. He has a fixed period contract and cannot work for another employer outside that contract period with his employers consent. Most people have an open ended contract of employment but with a notice period one month three months 12 months etc. You cna give notice but you cant just walk out and start working without honouring those terms. Many contract also have covenants which cant dictate who you work for but that you cant take business or clients with you. A sporting contract is for a fixed period and any court would enforce that regardless of the industry involved. The only way around it is to compensate the exisiting employer or pay up the value of the constract

Re: Denny Solomona speculation & implications : Sun Nov 27, 2016 7:09 pm  

rhino phil wrote:

Sale cant just ignore contract and employment law. He has a fixed period contract and cannot work for another employer outside that contract period with his employers consent. Most people have an open ended contract of employment but with a notice period one month three months 12 months etc. You cna give notice but you cant just walk out and start working without honouring those terms. Many contract also have covenants which cant dictate who you work for but that you cant take business or clients with you. A sporting contract is for a fixed period and any court would enforce that regardless of the industry involved. The only way around it is to compensate the exisiting employer or pay up the value of the constract

In a nutshell that's what I've been saying like Leeds did with Moon encouraged him to go to a tribunal failed he claimed homesickness said he wouldn't come back Salford forced into accepting a UNDISCLOSED fee same with Farges and the same will happen here. Wrong I accept but that's how it goes.
As I said earlier can't see a judge stopping him from accepting a better contract but can see one accepting a ban from rugby league only

Re: Denny Solomona speculation & implications : Sun Nov 27, 2016 7:25 pm  

rhino phil wrote:

Sale cant just ignore contract and employment law. He has a fixed period contract and cannot work for another employer outside that contract period with his employers consent. Most people have an open ended contract of employment but with a notice period one month three months 12 months etc. You cna give notice but you cant just walk out and start working without honouring those terms. Many contract also have covenants which cant dictate who you work for but that you cant take business or clients with you. A sporting contract is for a fixed period and any court would enforce that regardless of the industry involved. The only way around it is to compensate the exisiting employer or pay up the value of the constract

If he has "retired" as reported then there's very little Cas will be able to do other than chase him for a couple of months worth of salary which would cover the time he should be at the club running his notice down. Sale have been somewhat immoral but it doesn't appear to be illegal what they've done and nothing worse than what RL has done to RU in the past.

Cas may be posturing now saying that they don't agree with it, but faced with the prospect of an expensive court case they likely gain very little from, they'll cut their losses and agree to his release just as other clubs have done before

Re: Denny Solomona speculation & implications : Sun Nov 27, 2016 8:04 pm  

Cas can't sue Sale for breach of contract as Sale do not have a contract with Cas.

What Cas should be doing is suing Denny and seeking an injunction preventing him from playing for anyone else. Drag it out and get some cash from Sale. There is no point in forcing Denny back to Cas.

I hope I never see him on a rugby league pitch again and I hope he gets found out in Union.

Re: Denny Solomona speculation & implications : Sun Nov 27, 2016 8:10 pm  

Slugger McBatt wrote:

Cas can't sue Sale for breach of contract as Sale do not have a contract with Cas.

What Cas should be doing is suing Denny and seeking an injunction preventing him from playing for anyone else. Drag it out and get some cash from Sale. There is no point in forcing Denny back to Cas.

I hope I never see him on a rugby league pitch again and I hope he gets found out in Union.

He should definitely get some kind of ban from the RFL that's for sure. If he doesn't don't think league clubs will be rushing to sign him if he flops in union.

He shouldn't be allowed to walk straight back into rugby league. The RFL have to show some kind of leadership here.

If this was an NRL player he would be slapped with a ban.

Also why are some people saying this is no different to when league clubs signed union players?

Union players were amateurs the time. Correct me if I am wrong but doesn't that mean they had no working contracts with there union clubs.

Re: Denny Solomona speculation & implications : Sun Nov 27, 2016 8:12 pm  

Slugger McBatt wrote:

Cas can't sue Sale for breach of contract as Sale do not have a contract with Cas.

What Cas should be doing is suing Denny and seeking an injunction preventing him from playing for anyone else. Drag it out and get some cash from Sale. There is no point in forcing Denny back to Cas.

I hope I never see him on a rugby league pitch again and I hope he gets found out in Union.

I imagine they'll be able to retain his RL registration for the remainder of his contract with Cas which will stop him moving back to League without Cas getting some money, but as you say, RL and RU have no agreement, and Cas have no contract with Sale over Solomona so they can't chase them. They can go after Solomona but really all they will be able to get is a couple of months worth of salary back (assuming they're still paying him). The only question I'd have is regarding his Visa, how would renaging on his contract affect his right to work in the UK?

Re: Denny Solomona speculation & implications : Sun Nov 27, 2016 10:05 pm  

kobashi wrote:

He should definitely get some kind of ban from the RFL that's for sure. If he doesn't don't think league clubs will be rushing to sign him if he flops in union

He shouldn't be allowed to walk straight back into rugby league. The RFL have to show some kind of leadership here.

If this was an NRL player he would be slapped with a ban.

Also why are some people saying this is no different to when league clubs signed union players?

Union players were amateurs the time. Correct me if I am wrong but doesn't that mean they had no working contracts with there union clubs.

correct but nearly everyone of them had a paid job and I know one who's employer outside of Rugby union but a Union club sponsor threatened him with "you will never work in that industry again"
Ask yourself why so many chose to appeared as A N Other before taking the plunge it was because those none paying union people could make life extremely difficult for anyone even having a trial

Re: Denny Solomona speculation & implications : Sun Nov 27, 2016 10:17 pm  

bentleberry wrote:

I imagine they'll be able to retain his RL registration for the remainder of his contract with Cas which will stop him moving back to League without Cas getting some money, but as you say, RL and RU have no agreement, and Cas have no contract with Sale over Solomona so they can't chase them. They can go after Solomona but really all they will be able to get is a couple of months worth of salary back (assuming they're still paying him). The only question I'd have is regarding his Visa, how would renaging on his contract affect his right to work in the UK?

What about sale tapping Solomona up while under contract. Meaning sale are guilty. Both as bad as each other.

Re: Denny Solomona speculation & implications : Sun Nov 27, 2016 10:25 pm  

bezzerscr wrote:

correct but nearly everyone of them had a paid job and I know one who's employer outside of Rugby union but a Union club sponsor threatened him with "you will never work in that industry again"
Ask yourself why so many chose to appeared as A N Other before taking the plunge it was because those none paying union people could make life extremely difficult for anyone even having a trial

They were anonymous mainly because if they even trained with an amateur RL club they would have been 'professionalised' and banned for life from rugby union. This was the case until the RL MPs pointed it out in the 90s