Re: Denny Solomona speculation & implications : Thu Dec 01, 2016 4:28 pm
bentleberry wrote:
If it goes to court then it's down to the judge to decide if union and league are effectively the same sport,
It's not that complex if this is an employment matter. It's down to if he has breached the conditions of his contract. Were he is going is irrelevant, unless you are trying to enforce a competition clause as well (trying to stop that employment taking place as it creates an unfair competitive advantage - those are rarely enforceable), you could even be quitting work altogether, you can still be in a breach of contract.
Where there is no case, is against the Employer (Sale RU) from what I can see. If they have employed somebody in good faith that they have left their previous employment, then they are free to do so and the RU are unlikely to recognise the RFL in terms of stopping this, as you say they are separate governing bodies, but that hasn't got anything to do with employment law. Saying that, I would hope that the RU do respect the RFL, and vice versa in this matter, and maybe this is an opportunity to develop an agreement.