Re: Denny Solomona speculation & implications : Mon Nov 28, 2016 7:25 pm  

poppys mum wrote:

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

Guilty of what though? Sale are not bound by Denny's contract with Cas. That's between Denny and Cas alone.

What the pressure might do is make Denny renege on his Sale contract, because defending it could bankrupt him, come back to Cas, who'll then offer him for sale to Sale. Whether Sale will then pay for him when they thought they had him for nothing is for them to decide, but this could really bite Denny in the 'arris. He could end up out of favour of with both clubs.

What really sticks in the gut is that Denny's agent is so connected to the game but is quite willing to stiff it.

Re: Denny Solomona speculation & implications : Mon Nov 28, 2016 7:27 pm  

Slugger McBatt wrote:

Guilty of what though? Sale are not bound by Denny's contract with Cas. That's between Denny and Cas alone.

What the pressure might do is make Denny renege on his Sale contract, because defending it could bankrupt him, come back to Cas, who'll then offer him for sale to Sale. Whether Sale will then pay for him when they thought they had him for nothing is for them to decide, but this could really bite Denny in the 'arris. He could end up out of favour of with both clubs.

What really sticks in the gut is that Denny's agent is so connected to the game but is quite willing to stiff it.

I said a few weeks ago - he should be very worried. He stands to lose a massive amount of money.

Re: Denny Solomona speculation & implications : Mon Nov 28, 2016 7:28 pm  

Him wrote:

Yep what a pillock.

It's not a registration issue, it's a contractual issue. Sale/Solomona have to buy him out of his contract with Cas. End of. There is no alternative to this and the fact Solomona, Sandow and Segeyaro are all trying it at the same time makes it a bigger issue than each individual case. The RFL needs to defend the sport.

Absolutely right.

RL needs to throw everything it can at this one, although they may be wise to go after Solomona rather than Sale.
Everyone knows that Union have far deeper pockets and if it comes down to the two governing bodies wading in, I fear that there will only be one winner.
The RFL havent got the best record on legal action although, they did manage to come out on top with MarwanK.

It does make you wonder what is going on inside Solomona's head though.

Cas took a gamble on him when he signed from London and the guy was worshiped (rightly so) by the Cas fans and to put two fingers up to them and Castleford is grubby.

Of course, we dont know exactly what happened when Sale were trying to sign him legitimately but, walking away from his contract and/or Sale trying to get hold of a contracted player for nowt, just isn't right.

Re: Denny Solomona speculation & implications : Mon Nov 28, 2016 7:55 pm  

Slugger McBatt wrote:

Guilty of what though? Sale are not bound by Denny's contract with Cas. That's between Denny and Cas alone.

.

Inducing breach of contract.

Re: Denny Solomona speculation & implications : Mon Nov 28, 2016 8:01 pm  

nottinghamtiger wrote:

Perhaps. And they parked one of their vehicles on his drive. However, we are inferring from that they they were inducing him to breach his existing contract. All they need to say is that they were holding discussions about him joining them at the end of his Castleford contract in 2018 and not inducing him to breach it before then. It's unlikely but possible, which is all the ET needs to hear to have doubts and side with the respondent.

I don't think Sale would get away with playing dumb and pretending they didn't know he was contracted to Cas.

The problem they have is that if Cas haven't accepted his retirement/resignation, he is still contracted to Cas right now,

Re: Denny Solomona speculation & implications : Mon Nov 28, 2016 8:19 pm  

SmokeyTA wrote:

I don't think Sale would get away with playing dumb and pretending they didn't know he was contracted to Cas.

The problem they have is that if Cas haven't accepted his retirement/resignation, he is still contracted to Cas right now,

Officially, he might not be. A contract is between the employer and the employee. If he considers himself not to be employed by Castleford then he isn't.
All Castleford can do is make a claim against him for their financial loss and move on.

Re: Denny Solomona speculation & implications : Mon Nov 28, 2016 8:20 pm  

SmokeyTA wrote:

I don't think Sale would get away with playing dumb and pretending they didn't know he was contracted to Cas.

The problem they have is that if Cas haven't accepted his retirement/resignation, he is still contracted to Cas right now,

They're not going to pretend they didn't know he was contracted, they've reportedly made an offer to Cas for him. They will claim that when they were rejected by Cas they only spoke to Solomona to gauge his thoughts on signing for Sale when his contract ran out with Castleford, then anything he has done has been of his own decision. Added to that the fact they're claiming they haven't offered him a contract and that several RU clubs are looking to sign him and it's near impossible to lay any blame on Sale for this. As to Solomona, if Cas have rejected his retirement then they will need to continue paying him unless it explicitly states in his contract that they can stop his wage... If it doesn't and they have stopped it then Solomona could take Castleford to an ET for withholding his wage

It's probably going to end up as an out of court settlement, where Sale give Solomona a "signing fee" which he is instructed to give to Castleford as a means of buying himself out of his contract. The payment will be for an "undisclosed sum" with Castleford saying that they have mutually accepted Solomona's retirement from Rugby League and will be retaining his League Registration for the remained of his contract with them.

Other than this, it has implications far beyond our little sports, where if players are able to break contract then clubs will also be able to break contracts with players without financial implications who are injured/under performing. This won't just be for rugby but will stretch to all sports as the case will be cited when/if a player tries to take a club to court. It's a dangerous game which has the possibility to effectively make all sports contracts null and void

Re: Denny Solomona speculation & implications : Mon Nov 28, 2016 8:25 pm  

nottinghamtiger wrote:

Officially, he might not be. A contract is between the employer and the employee. If he considers himself not to be employed by Castleford then he isn't.
All Castleford can do is make a claim against him for their financial loss and move on.

He can't just decide to end that contract.

Re: Denny Solomona speculation & implications : Mon Nov 28, 2016 8:30 pm  

SmokeyTA wrote:

He can't just decide to end that contract.

Yes he can. It's a breach of contract, and he becomes liable for any financial loss to the employer, but the days of forced labour ended decades ago.

Re: Denny Solomona speculation & implications : Mon Nov 28, 2016 8:34 pm  

bentleberry wrote:

They're not going to pretend they didn't know he was contracted, they've reportedly made an offer to Cas for him. They will claim that when they were rejected by Cas they only spoke to Solomona to gauge his thoughts on signing for Sale when his contract ran out with Castleford, then anything he has done has been of his own decision. Added to that the fact they're claiming they haven't offered him a contract and that several RU clubs are looking to sign him and it's near impossible to lay any blame on Sale for this. As to Solomona, if Cas have rejected his retirement then they will need to continue paying him unless it explicitly states in his contract that they can stop his wage... If it doesn't and they have stopped it then Solomona could take Castleford to an ET for withholding his wage

It's probably going to end up as an out of court settlement, where Sale give Solomona a "signing fee" which he is instructed to give to Castleford as a means of buying himself out of his contract. The payment will be for an "undisclosed sum" with Castleford saying that they have mutually accepted Solomona's retirement from Rugby League and will be retaining his League Registration for the remained of his contract with them.

Except they know he is contracted to Castleford and are making him an offer.

If Sale know that Solomona has a contract with Cas. Then they know they cannot discuss one with him. If Solomona decides to retire, he still needs to be released from his contract with Cas. He doesn't get to say the word retirement and all his obligations disappear. He is still under contract.

Other than this, it has implications far beyond our little sports, where if players are able to break contract then clubs will also be able to break contracts with players without financial implications who are injured/under performing. This won't just be for rugby but will stretch to all sports as the case will be cited when/if a player tries to take a club to court. It's a dangerous game which has the possibility to effectively make all sports contracts null and void

It wouldn't just be sports, it would be huge amounts of people in huge amounts of jobs.