I suspect this case may be resolved quickly, with Cas being scared off a long legal persuit and agreeing to Sale's terms. If not, it's a case that could have enormous ramifications for professional sport in this country. For me, the issue isn't Solomona singing for or playing for Sale, it's him reneging on a legally binding contract with Cas. I'd suspect the legal action will have to be Cas against Solomona rather than Cas against Sale.
If Solomona is able to just walk away from one professional sports contract and take another, I cannot see why a football player couldn't. You could end up with all professional sports contracts being pay as you play, with players moving freely between teams. As with the salary cap, any governing body rules to prevent it could easily be overcome legally as a restriction of trade.
Post subject: Re: Denny Solomona speculation & implications
Posted: Wed Nov 09, 2016 3:23 pm
wrencat1873
Club Coach
Joined: Apr 24 2011 Posts: 17980
Saddened! wrote:I suspect this case may be resolved quickly, with Cas being scared off a long legal persuit and agreeing to Sale's terms. If not, it's a case that could have enormous ramifications for professional sport in this country. For me, the issue isn't Solomona singing for or playing for Sale, it's him reneging on a legally binding contract with Cas. I'd suspect the legal action will have to be Cas against Solomona rather than Cas against Sale.
If Solomona is able to just walk away from one professional sports contract and take another, I cannot see why a football player couldn't. You could end up with all professional sports contracts being pay as you play, with players moving freely between teams. As with the salary cap, any governing body rules to prevent it could easily be overcome legally as a restriction of trade.
Of course, I might not be right with any of that.
The problem with the Solomona case, compared with say, football, is that, a footballer couldn't go an play basketball or rugby etc. However the skill set between League and Union is pretty transferable. I dont think that any other sport would have this issue but,you would think that Cas have some kind of case against the player, rather than Sale. However, you would also expect the player to have been receiving some "advice" from somewhere. The average person wouldn't just walk away from a contract and expect no kind of "cost".
Post subject: Re: Denny Solomona speculation & implications
Posted: Wed Nov 09, 2016 5:28 pm
Tigerade
International Star
Joined: Jul 07 2011 Posts: 5123 Location: WF10 - just a small town in Wakefield
wrencat1873 wrote:However, you would also expect the player to have been receiving some "advice" from somewhere. The average person wouldn't just walk away from a contract and expect no kind of "cost".
I don't know who DS agent is but I would imagine the "advice" came from him.
Heard a couple of advancements today. The RFL are now involved with the case and CTRLFC have suspended DS for missing training.
Post subject: Re: Denny Solomona speculation & implications
Posted: Wed Nov 09, 2016 5:38 pm
Asgardian13
Player Coach
Joined: Oct 31 2005 Posts: 3726 Location: Northamptonshire
In law a third party can be sued for encouraging a breach of contract between two other parties. Also, despite the 'nicety' of Union and League being different sports, judges are not fools, and I don't think that a judge would be willing to allow such a literal interpretation in the case of employment law.
All in all, though, Cas should try to settle out of court. As others have said, though it's always shocking when a player refuses to honour a contract, he can't be forced to play, or at least to play well, so its a no-win situation.
Asgardian13 wrote:In law a third party can be sued for encouraging a breach of contract between two other parties. Also, despite the 'nicety' of Union and League being different sports, judges are not fools, and I don't think that a judge would be willing to allow such a literal interpretation in the case of employment law.
All in all, though, Cas should try to settle out of court. As others have said, though it's always shocking when a player refuses to honour a contract, he can't be forced to play, or at least to play well, so its a no-win situation.
Post subject: Re: Denny Solomona speculation & implications
Posted: Thu Nov 10, 2016 4:44 am
BrisbaneRhino
International Chairman
Joined: May 08 2002 Posts: 9565 Location: 10 mins walk from Suncorp Stadium
Whilst the financial clout is with RU, I would also doubt whether that sport (or Sale) would want a precedent to be set in this regard either.
Also, as some have said, the mere fact that Solomona would be employed in the same role in another sport would suggest that they are close enough to be counted as the same in a professional sense. This isn't a doctor deciding to become a lawyer overnight.
Post subject: Re: Denny Solomona speculation & implications
Posted: Thu Nov 10, 2016 8:41 am
Nothus
Club Coach
Joined: Mar 04 2005 Posts: 5880 Location: Bradford
Cas were offered £300k for Denny Solomona and didn't take it?! Sorry but Denny is a good finisher who benefited from the expansive rugby Cas played last year. He's not worth that. Cas should have taken the money and bought a superstar with it.
Post subject: Re: Denny Solomona speculation & implications
Posted: Thu Nov 10, 2016 8:52 am
Psychedelic Casual
Club Captain
Joined: Sep 01 2016 Posts: 1789 Location: Manchester
This is what we get when we have a nearly quarter of a century old Salary Cap. The Cap needs upping! We're treading water as a league because the Cap is so out of date.
Post subject: Re: Denny Solomona speculation & implicationsb
Posted: Thu Nov 10, 2016 9:10 am
Him
International Board Member
Joined: Jun 19 2002 Posts: 14970 Location: Campaigning for a deep attacking line
Psychedelic Casual wrote:This is what we get when we have a nearly quarter of a century old Salary Cap. The Cap needs upping! We're treading water as a league because the Cap is so out of date.
Only recently have most clubs started spending at or near the full cap. And it's not like the clubs are ploughing money into other areas like marketing or youth production. The salary cap is a red herring. The issue is revenue.
Post subject: Re: Denny Solomona speculation & implications
Posted: Thu Nov 10, 2016 9:45 am
Tigerade
International Star
Joined: Jul 07 2011 Posts: 5123 Location: WF10 - just a small town in Wakefield
Psychedelic Casual wrote:This is what we get when we have a nearly quarter of a century old Salary Cap. The Cap needs upping! We're treading water as a league because the Cap is so out of date.
Upping the salary cap would not help Cas Tigers in this situation at all. We pay what we can - which is just under the cap. HIM is correct - revenue is the problem - not the SC.
Users browsing this forum: No registered users and 38 guests
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot edit your posts in this forum You cannot delete your posts in this forum You cannot post attachments in this forum