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 Post subject: Re: Solomona
PostPosted: Tue Dec 20, 2016 10:48 pm 
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Location: Staffordshire
To Upandunder:

"I don't think we want that kind of pathetic assholery in our sport."
"this is Sale's and the RFU's barrel of monkeys to sort out,"
"they're gonna try bugger Sale up by preventing DS from playing"

What a strange view of the situation you have, upandunder.
You are suggesting that Cas and the RFL should just lie down and take it. No, Cas told Sale that Solomona's contract was not for sale. Sale went ahead regardless. To my mind it's akin to theft. It definitely isn't for Sale and the RFU to sort out.
Cas are rightfully due compensation, but it won't bring Solomona back to their team.
The player needs to be made an example of to stop others doing it. Banning him from pro RL is possibly the only meaningful sanction the sport has. It would be anything but "pathetic assholery".
As for Sale coach Steve Diamond's latest claim that Cas "fired" Solomona - it beggars belief. That man has no shame and neither does his club. But then Union had no shame for ostracising those who played League for 100 years, while secretly condoning "shamateurism".
There was a Greek saint called St Nicholas, who reportedly would give to the poor by leaving money in their shoes. I think Rugby Union should adopt St Nicholas as their patron saint.

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 Post subject: Re: Solomona
PostPosted: Wed Dec 21, 2016 7:58 pm 
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StaffsT1ger wrote:To Upandunder:


Upanunder, Upandunder sounds like a right dingbat..:)

StaffsT1ger wrote:What a strange view of the situation you have, upandunder.


I dunno what you're reading but clearly, we pretty much agree on most points, besides the sport ban.
Banning a player from an entire sport because they don't want to play for a particular club anymore is not really an option imo.
This rubbish happens all the time, I'm not saying its ok to break a contract but is so common place that punishment is unenforceable.
I mean, what are the options, DS gets a ridiculous pay rise to play for another club, a Rugby career in either code can be over in one second, I couldn't blame DS for getting the money while he can, I want him playing RL but money talks, and that's the way it is.
The only difference between DS going to Sale and Stuart Fielden going to Wigan, or any player leaving their club while still under contract is that they left with their clubs consent, DS clearly didn't but by Cas not giving their consent, (out gunned financially I presume) they put themselves in a difficult situation.
But what are Cas gonna do, if DS refuses to play, (you can't force him), are they gonna leave him at home for 2 years wasting money and get nothing, ban him from the sport for which Cas will get nothing, or get some money for him while he's still saleable.
Its no skin off his nose if you ban him from RL anyway, he's got a nice little earner at Sale thankyouverymuch, it could bite him on the booty in the distant future but I absolutely guarantee he doesn't give a flying f about ifs buts and maybes in 3 years time, and neither would any other player looking to maximize their earning potential, its all a bit mercenary I know, but that's the World we live in.
No, the issue is not solved by banning players from sports, DS gets nothin, RL gets nothing, Cas gets nothin, the fans get nothin, that's a lot of nothin for the sake of a principle.
The issue is about a transfer fee that Cas obviously deserve, but we've already established that.

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 Post subject: Re: Solomona
PostPosted: Wed Dec 21, 2016 8:59 pm 
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Dear Upandunder,

"the issue is not solved by banning players from sports, DS gets nothin, RL gets nothing, Cas gets nothin, the fans get nothin, that's a lot of nothin for the sake of a principle."

Sometimes it's the principle that matters. And this case is one of them.

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 Post subject: Re: Solomona
PostPosted: Thu Dec 22, 2016 1:23 pm 
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StaffsT1ger wrote:Dear Upandunder,

"the issue is not solved by banning players from sports, DS gets nothin, RL gets nothing, Cas gets nothin, the fans get nothin, that's a lot of nothin for the sake of a principle."

Sometimes it's the principle that matters. And this case is one of them.


Upandunder has a point: banning DS from RL changes nothing: he's gone and isn't coming back anyway. It's like a man running off with a supermodel to her big gated mansion and Bentley, and his ex wife tells him he can't go back to her or her council house.

I can see that DS wants to earn as much as he can in a short career, but the way it's been done stinks.






Dan Sarginson: "This is a fantastic opportunity for me to join the biggest name in the competition" 18/10/2013

Tony Clubb: "This is a new exciting chapter of my life signing for Wigan and I couldn't be happier" 18/10/2013

Romain Navarrete: “I’m very happy to have signed for Wigan Warriors. As soon I knew that Wigan were interested, they were the only team that I wanted to sign for. To me, Wigan is the biggest Club in Rugby League and it will be an honour to pull on the famous Cherry-and-White jersey next year. I look forward to working with Shaun Wane and the players at Wigan.”

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 Post subject: Re: Solomona
PostPosted: Thu Dec 22, 2016 2:06 pm 
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Smooth Stu wrote:Upandunder has a point: banning DS from RL changes nothing: he's gone and isn't coming back anyway. It's like a man running off with a supermodel to her big gated mansion and Bentley, and his ex wife tells him he can't go back to her or her council house.


The problem comes when the supermodel turns out to be as dull as dishwater and he turns out not to be what she expected.

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 Post subject: Re: Solomona
PostPosted: Thu Dec 22, 2016 11:30 pm 
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Joined: Oct 05 2014
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Location: Staffordshire
Bearded wrote:The problem comes when the supermodel turns out to be as dull as dishwater and he turns out not to be what she expected.


Yes, when the supermodel throws him out in to the street with no means of earning any money, the council house suddenly looks an attractive option.

... but in the real world, if Solomutineeer fails to impress in union, why should he be given the opportunity again to earn money off us, League fans.

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 Post subject: Re: Solomona
PostPosted: Mon Dec 26, 2016 4:14 pm 
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Joined: Jun 05 2011
Posts: 58
The whole issue seems to be around the contract, if it is a contract of employment then European employment law should apply. If this is the case there may not be a legal remedy for Cas, unfortunately moral and legal obligations can be very different. I think he and his agent appear to have not behaved particularly well during this episode, however the question is have they broken any laws? I am not too sure they have. Would I want either near my club? Absolutely not within a million miles

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 Post subject: Re: Solomona
PostPosted: Mon Dec 26, 2016 6:27 pm 
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hezza1969 wrote:The whole issue seems to be around the contract, if it is a contract of employment then European employment law should apply. If this is the case there may not be a legal remedy for Cas, unfortunately moral and legal obligations can be very different. I think he and his agent appear to have not behaved particularly well during this episode, however the question is have they broken any laws? I am not too sure they have. Would I want either near my club? Absolutely not within a million miles


Solomona has. He has breached his contract. The question is whether his agent and Sale are complicit in that. The fact he's signed for him, agreed a contract, and there is photographic evidence of Sale at his house adds weight to that particular argument. Proving it will be determined in a court of law, though.






Image

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 Post subject: Re: Solomona
PostPosted: Mon Dec 26, 2016 7:23 pm 
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Posts: 58
A contract can have anything the employer wants in it but it does not mean it is enforceable in European law, employment contracts cannot favour the employer, it has to be equally balanced. I am sure there were sections in his contract whereby Cas could terminate his contract. You cannot handcuff somebody to a job so Solomona has to have a way out of his contract, how he appears to have gone about this does leave a sour taste.
Castleford can theoretically sue him for any losses, these have to be proved, but I don't think that would include the bids placed for him as the club turned these down. I see an out of court settlement coming with no disclosure of the monies involved allowing both sides to claim a victory.

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 Post subject: Re: Solomona
PostPosted: Mon Jan 02, 2017 7:06 pm 
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Joined: Jul 25 2015
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Leigh lad in peace - as that seems to be the protocol for visitors to this board. Bongser has always watched a little of the other code. Sale have always been his RU club as far as he could be ar$t, he has no problem with Josh joining (though no particular good wishes - as he's a Wigginer). However, for what it's worth, Bongser hopes that Sale take numerous tonkings for as long as DS stands shivering on the wing.

Regarding a future return to RL, presumably Tigers still hold his registration in this sport? Seem to recall an Everton FC player that retired due to injury. Higgins or something like that. Insurance company paid up his contract and, therefore then owned his registration as a footballer. Man Utd gambled on his recovery and, effectively, paid the insurers for said registration. All went belly-up anyway due to further injuries as Bongser recalls.

His point is, do Cas still own DS's registration even though he has 'retired' as Sharks have not purchased it? If that is the case then surely, were Solomona attempt to readopt RL, Cas would be able to demand a transfer fee from any other RL club willing to sign the treacherous little scrub, based on the frozen unfulfilled length of his contract and whether he still had any speed/ability.

Answers please.

Ps, despite this supportive message, Bongser will be pleased that Leigh don't have to face him in Round One!

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