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| Quote ="SmokeyTA"because their clubs allowed them to.'"
In the end remember Marwan Koukash demanding a world record fee for Farges to deter Saints didn't work.
Like I've said that will be the outcome of this also a lot of talk a lot of posturing and in the end he signs for Sale.
Cas need to get the best deal they can but if they dig in to much Sale will let it run and if a court rules against them (unlikely) they will move on and Cas end up with a very unhappy player and we've all seen where that ends
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| Quote ="SmokeyTA"because their clubs allowed them to.'"
In the end remember Marwan Koukash demanding a world record fee for Farges to deter Saints didn't work.
Like I've said that will be the outcome of this also a lot of talk a lot of posturing and in the end he signs for Sale.
Cas need to get the best deal they can but if they dig in to much Sale will let it run and if a court rules against them (unlikely) they will move on and Cas end up with a very unhappy player and we've all seen where that ends
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| Opps double post that's what happens when you multi task
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| Quote ="bezzerscr"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
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| Quote ="rhino phil"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
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| Quote ="rhino phil"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
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| 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.
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| Quote ="Slugger McBatt"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.
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| Quote ="Slugger McBatt"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?
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| Quote ="kobashi"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
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| Quote ="bentleberry"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.
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| Quote ="bezzerscr"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
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| I would hope that for the good of the sport of RL Cas & the RFL join forces to legally challenge this move by Sale & Denny, financially & technically, using everything at their disposal.
I find it hard to believe that with the alleged evidence previously mentioned that there hasn't been some interference/incitement/tapping up by Sale & if the connection can be made by mere onlookers/fans then highly paid lawyers should be able to prove without doubt a breach of contract by Denny &/or some sort of charge against Sale.
I hope there isn't a law against overuse of slash/marks ?
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| Quote ="bentleberry" and nothing worse than what RL has done to RU in the past.
'"
RU can have no complaints about RL's past behaviour.
If their players were amateur, as they loftily claimed, they'd have no contract to break. Hypocritical toe-rags.
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| I am still amazed he was on £40k pa at Cas.
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| Sale Sharks' head coach truly taking the here:
[i"There are no governing body registrations between the sports," added Diamond.
"It is just like someone coming from another sport to rugby union, whether it be football or basketball and I don't understand what the furore is about."[/i
If this is the case, then what's to stop every rugby league player retiring and jumping ship? What a shambles - Sale should be ashamed of themselves. Cas are not a rich club - I hope this legal battle doesn't do us more harm than good.
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| Quote ="bentleberry"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'"
As with any standard period contact, there is no "notice" to be worked....technically, without prior agreement of an early release, his notice period would run until the end of the contract.
As there is no agreement between the RFL and RFU, there isnt alot Cas can do to stop his registration. They can however, take it to the Court of Arbitration for Sport, what that would achieve....i dont know. It might not be worth it in the end.
For me, if I was Cas, I would take the case to court regardless...more for principle than anything, Sale will expect it to get dropped because its "little old Cas who cant afford a brass bean"
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| Quote ="Jimmythecuckoo"I am still amazed he was on £40k pa at Cas.'"
I wouldn't believe everything you read, he signed a new contract last year, my guess would be he will be on a fair bit more than that now.
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| Quote ="BD"Sale Sharks' head coach truly taking the mickey here:
[i"There are no governing body registrations between the sports," added Diamond.
"It is just like someone coming from another sport to rugby union, whether it be football or basketball and I don't understand what the furore is about."[/i
If this is the case, then what's to stop every rugby league player retiring and jumping ship? What a shambles - Sale should be ashamed of themselves. Cas are not a rich club - I hope this legal battle doesn't do us more harm than good.'"
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.
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| Trying to avoid posting too much on this issue as I'm so biased. However, trying to take an objective view.
1. As long as Sale haven't slipped up, it will be difficult to prove they have induced him to breach his contract.
2. The player has breached his contract. This is dealt with at an Employment Tribunal. Castleford should make a claim against the player as an individual and seek to recover their financial loss. If an ET find the player to be in breach of contract, they should be able to make a judgement on the financial loss suffered by Castleford using information such as previous transfer fees paid, the value of the offers Castleford turned down for the player and the loss of direct player sponsorship. ETs make far more complicated financial decisions than is required in this case.
3. Taking joint action against the player and Sale Sharks may be counter-productive. In this case, the player and Sale would be joint respondents, allowing the full financial weight of Sale to be used to defend the case. If Castleford only name the player as the respondent, any financial assistance given by Sale to defend a personal claim against him should be counted in their salary cap. It also means Castleford are likely to come up against much stiffer opposition in the form of Sale's legal team. Making the claim against the player only encourages puts more pressure on Sale and the player to come to an agreement with Castleford.
4. No ET in the land will accept this 'retirement' response. Given his age, his earning potential and his his immediate re-employment he has not retired.
5. Regardless of the above, his retirement is still a breach of contract. To retire, notice period still has to be given (unless this is due to illness). He hasn't done this, so legally it's still a breach of contract.
In summary, I don't think there is anything Castleford can do to prevent the player from gaining new employment. All that can be done through ET is claiming back the financial loss Castleford have suffered due to the player's breach of contract.
There is the option of lodging a dispute with the Court of Arbitration for Sport, but I have no idea how that works and what their powers are.
I also wonder if the player is being used by his agent and Sale as a test-case, and the player isn't intelligent enough to realise it.
If they get away with it, it lines his agent's pockets and gets Sale a free player.
If they don't, it's the player who is likely to be sued for breach of contract.
It seems like a no-lose situation for his agent and Sale, but a very risky one for the player.
One thing is for sure: all RU clubs will be interested in the outcome. If this is allowed to happen, it's an open market on RL players.
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| Agree with all that. Though I think Sale have slipped up as wasn't he pictured in Sale gear at their ground?
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| Quote ="Him"Agree with all that. Though I think Sale have slipped up as wasn't he pictured in Sale gear at their ground?'"
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.
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| Quote ="poppys mum"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.
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| Quote ="Slugger McBatt"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.
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| Quote ="Him"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.
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