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.
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Post subject: Re: Denny Solomona speculation & implications
Posted: Mon Dec 05, 2016 4:28 pm
Tigerade
International Star
Joined: Jul 07 2011 Posts: 5123 Location: WF10 - just a small town in Wakefield
In League Express, DS has now got a work permit for RU. The RFL have failed to resolve the dispute with the RFU and they have failed in their attemps to speak to Premiership Rugby (the governing body that oversees top tier domestic RU in England). The legal team are now waiting to hear the news that Sale have signed DS before planning their next move.
In League Express, DS has now got a work permit for RU. The RFL have failed to resolve the dispute with the RFU and they have failed in their attemps to speak to Premiership Rugby (the governing body that oversees top tier domestic RU in England). The legal team are now waiting to hear the news that Sale have signed DS before planning their next move.
Post subject: Re: Denny Solomona speculation & implications
Posted: Mon Dec 05, 2016 4:50 pm
Jimbo_Returns
Club Coach
Joined: Jan 30 2005 Posts: 220
BrisbaneRhino wrote:The term retirement would be seen by a court as a nonsense to avoid referring to breaking his contract. All you'd have to do is ask Solomona what he'd do if he was utter garbage in RU. The answer is his 'retirement' from RL would end in an instant.
His retirement might not last long after reading this write up for Charnley. Unless Denny enjoys getting paid to stand catching kicks
Quote:The positive for Sale was an industrious performance from Josh Charnley on his home league debut following his switch from rugby league.
“He is getting better by the week, we just need to get the ball in his hands a bit more. The times that he got the ball tonight it was by default from kicks from them,” Diamond said. link
BrisbaneRhino wrote:The term retirement would be seen by a court as a nonsense to avoid referring to breaking his contract. All you'd have to do is ask Solomona what he'd do if he was utter garbage in RU. The answer is his 'retirement' from RL would end in an instant.
His retirement might not last long after reading this write up for Charnley. Unless Denny enjoys getting paid to stand catching kicks
Quote:The positive for Sale was an industrious performance from Josh Charnley on his home league debut following his switch from rugby league.
“He is getting better by the week, we just need to get the ball in his hands a bit more. The times that he got the ball tonight it was by default from kicks from them,” Diamond said. link
Post subject: Re: Denny Solomona speculation & implications
Posted: Mon Dec 05, 2016 6:02 pm
wrencat1873
Club Coach
Joined: Apr 24 2011 Posts: 17980
Jimbo_Returns wrote:His retirement might not last long after reading this write up for Charnley. Unless Denny enjoys getting paid to stand catching kicks
And that's the difference in playing Union and playing on the wing for an expansive attacking side like Wigan (or Castleford, in Solomonas case). My lad played Union for 15 years and he's now playing League and unless your in the pack or playing fly half, it can be one hell of a boring game. The other aspect ifs tackling where the Union boys are top tackler with 15 is tackles a game, which barely registers on the stats in League. Having said that, there is way more money in Union and it must be tempting to go to the dark side, if only for the cash.
Post subject: Re: Denny Solomona speculation & implications
Posted: Mon Dec 05, 2016 9:03 pm
mrpurfect
Player Coach
Joined: Feb 01 2006 Posts: 763
If the legal case against Denny is successful do we have to wait for Sale to sign Solomona before taking them to court too, can we not go after them for harboring a criminal lol.
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Post subject: Re: Denny Solomona speculation & implications
Posted: Mon Dec 05, 2016 10:47 pm
ThePrinter
Player Coach
Joined: Sep 12 2010 Posts: 11412 Location: Behind the picket fence on the grassy knoll in Dealey Plaza, Dallas, Texas.
Jimbo_Returns wrote:His retirement might not last long after reading this write up for Charnley. Unless Denny enjoys getting paid to stand catching kicks
One thing about this whole episode away from the legal issues is that given how many RL converts have struggled in the recent past I find it strange that Sale are trying to convert two RL wingers at the same time.
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Post subject: Re: Denny Solomona speculation & implications
Posted: Mon Dec 05, 2016 10:59 pm
kobashi
International Star
Joined: Aug 05 2010 Posts: 1040
Tigerade wrote:In League Express, DS has now got a work permit for RU. The RFL have failed to resolve the dispute with the RFU and they have failed in their attemps to speak to Premiership Rugby (the governing body that oversees top tier domestic RU in England). The legal team are now waiting to hear the news that Sale have signed DS before planning their next move.
As if the RFU or premiership Rugby was ever gonna put a stop to this saga. Not a chance in hell.
The RFL need to show Denny that his behavior won't be accepted. Slap that ban on him.
Tigerade wrote:In League Express, DS has now got a work permit for RU. The RFL have failed to resolve the dispute with the RFU and they have failed in their attemps to speak to Premiership Rugby (the governing body that oversees top tier domestic RU in England). The legal team are now waiting to hear the news that Sale have signed DS before planning their next move.
Post subject: Re: Denny Solomona speculation & implications
Posted: Tue Dec 06, 2016 9:40 am
SmokeyTA
Club Owner
Joined: May 24 2006 Posts: 22777
If Solomona does go, it would be a smart move for the RFL and NRL to put out a statement that they don't recognise RFU'S registration and that RU players can be immefiately registered then see if anyone wants to put in a decent sized bid for Farrell and Ford with RFL help.
The very least it would do is force the value of those type players up, improve their bargaining position and increase instability in their clubs contracts. If we keep targeting their better players mid contract. Even if only to force their prices up. The RFU'S clubs tune will soon change.
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Post subject: Re: Denny Solomona speculation & implications
Posted: Tue Dec 06, 2016 10:00 am
bentleberry
Club Captain
Joined: Sep 29 2015 Posts: 430
SmokeyTA wrote:If Solomona does go, it would be a smart move for the RFL and NRL to put out a statement that they don't recognise RFU'S registration and that RU players can be immefiately registered then see if anyone wants to put in a decent sized bid for Farrell and Ford with RFL help.
The very least it would do is force the value of those type players up, improve their bargaining position and increase instability in their clubs contracts. If we keep targeting their better players mid contract. Even if only to force their prices up. The RFU'S clubs tune will soon change.
The problem with this is our salary cap is less than half of theirs, they will always have more wiggle room than we have. Yes, they may have to pay some of their players a bit more to keep them, but when they can offer a league player double what he earns in RL then the only losers will be league. The better option would be to do what Union used to do and bar the player from ever being registered to play league again in any country. That would make players think twice about if they will switch as they will have no fall back plan to return to league if they don't like union
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