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FORUMS > Bradford Bulls > craig kopczak terminated his bulls contract!
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Quote: M@islebugs "According to someone on the T and A site Blake Solly said this in the RLE today,
"It appears that Craig may have been approached by another club while under contract to Bradford and we are going to have to investigate. We would naturally try to uphold Craigs existing registration and contract, and if we find that an illegal approach was made, the RFL directors have the power to refuse to register any new contract."'"



Sounds like RFL are more interested in timing off the approach. I.e whilst kopczak still had a valid contract in place. If hudds had waited til after kopczak had resigned before approaching him then everything would be fine. As it is, although they will claim they didnt approach him until after he resigned, they could be on dodgy ground due to their fans boasting for months that they had signed him.

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I can just see someone from Hudds saying yes we approached him before he declined to be Tupe'd...... no doubt they will say his agent approached us after he had declared his intent to B Guilfoyle that he did not wish to be contracted to the new company....... try proving otherwise...could be a costly court case

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Quote: mat "Sounds like RFL are more interested in timing off the approach. I.e whilst kopczak still had a valid contract in place. If hudds had waited til after kopczak had resigned before approaching him then everything would be fine. As it is, although they will claim they didnt approach him until after he resigned, they could be on dodgy ground due to their fans boasting for months that they had signed him.'"



All fans boast they have signed someone or other, Apparently Sam Tomkins is playing for Wire next season

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Quote: M@islebugs "According to someone on the T and A site Blake Solly said this in the RLE today,
"It appears that Craig may have been approached by another club while under contract to Bradford and we are going to have to investigate. We would naturally try to uphold Craigs existing registration and contract, and if we find that an illegal approach was made, the RFL directors have the power to refuse to register any new contract."'"



and if said team was found giants, sorry guilty, would a points deduction be imposed next season? if it was good enough for wakefield when they tried tapping up robinson at wigan, it should be the same for any other, a loss of 4 points starting next season

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Quote: GiantDee "If Blake Solly said that he is either an idiot or simply giving empty quotes to the paper. Refusing to register a Contract would be a restraint of trade - there is well known legal precedent, commonly known as The Bosman ruling.

I suspect it is an empty quote, he doesn't seem to be doing much about Cas' complaints over Hull's statements re Chase.'"



what complaints? millwards rant! icon_lol.gif icon_lol.gif both cas and hull agreed a deal for chase, just a pity millward and the cas board dont seem to communicate with each other! eusa_shhh.gif

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Quote: GiantDee "If Blake Solly said that he is either an idiot or simply giving empty quotes to the paper. Refusing to register a Contract would be a restraint of trade - there is well known legal precedent, commonly known as The Bosman ruling.
...'"


Blake Solly is far from being an idiot, and you don't understand the position.

In Bosman, the player's contract had expired, that is not the case here. Players as well as clubs agree to abide by the RFL's regulations and cannot tear up contracts on a whim. The RFL is perfectly entitled to apply its Operational Rules in deciding whether or not to register a player with another club.

What you also need to get your head around is that contractual restraint of trade is neither illegal nor unusual. The question would not be whether something [iwas[/i a restraint of trade, but rather if it was, whether it was a [ilawful[/i restraint of trade.

Or are you suggesting that if, the day after Sam Tomkins signed a 3 year deal, another team made an illegal approach, tapped him up and signed him, the RFL would be obliged by law to let it go through, and forced to ignore the wholesale breaches of its own rules?

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Quote: number 6 "and if said team was found giants, sorry guilty, would a points deduction be imposed next season? if it was good enough for wakefield when they tried tapping up robinson at wigan, it should be the same for any other, a loss of 4 points starting next season'"


Have you paid your debts yet to the people who were contracted to Bradford Bulls for different services?

Deduction of points would not help Bradford in League 1 next year would it?

#getyourhouseinorderfirst

mat
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Quote: pie.warrior "All fans boast they have signed someone or other, Apparently Sam Tomkins is playing for Wire next season'"

It's not a court Case though. Only ruled that have been broken are rfl's internal ones so doesn't to be proof in legal sense. Think if RFL are convinced beyond reasonable doubt that an illegal approach has happened then they'll apply a sanction to hudds. Won't affect kopczak going to hudds but there will be a cost associated either as a transfer fee or a fine/Pts deduction

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Quote: mat "It's not a court Case though. Only ruled that have been broken are rfl's internal ones so doesn't to be proof in legal sense. Think if RFL are convinced beyond reasonable doubt that an illegal approach has happened then they'll apply a sanction to hudds. Won't affect kopczak going to hudds but there will be a cost associated either as a transfer fee or a fine/Pts deduction'"


Send Luke O'Donnell off!! That should do the trick

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Quote: daveyz999 "I predict 1 problem will be that Bulls will have no argument re Kopout's contract terminating, but his registration should be rightfully transferred to the new company. If another club would like this registration, they should pay. The registration is an asset that belongs to OK Bulls.

I was interested to see what his team mates thought about his decision, and Whitehead's interview does show that they are as disappointed as the fans. Not that he's actually left, but he didn't have the decency to tell anyone face to face.

All those saying that he's only looking after his family, I don't really buy into that. He had a secure contract for the next 2 years. That' s a lot more security than the players like Hargreaves and Sammut have. With all the OOC players leaving, i suspect the new owners will be keen to tie down the future stars to long term contracts, on better salaries.'"


I have sympathy because I dont expect him to be an expert on TUPE and employment law any more than I and many of us are. He's bound to be heavily reliant on the advice that he's receiving from his agent. Given the background this season, wages being paid late (and his employer at the time not thinking that was a big deal), he probably dosent know the new owner from Adam, the continuing uncertainty over the Bulls status etc I can imagine that trust is at a premium just now. If his agent said "you need to do this" then it doesnt surprise me that he did.

I've been involved in a situation where my employer has been taken over and it created a huge amount of uncertainty. Mutual trust disappears. People tend to take decisions over thei future employment seemingly as much to end the uncertainty as anything.

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Quote: Gi4nts "Have you paid your debts yet to the people who were contracted to Bradford Bulls for different services?

Deduction of points would not help Bradford in League 1 next year would it?

#getyourhouseinorderfirst'"



thanks for your concern, but im a hull fc fan c020.gif

as for points deduction, hudds would/should get them form making an illegal approach to a bulls player after all the clubs agreed not to approach player contracted beyond 2012! looks like somebody went against that agreement as giants fans were claiming they had signed kopzack before the OK takeover

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Quote: number 6 "thanks for your concern, but im a hull fc fan
I agree. The RL should fine all clubs on the back of fans' rumours.

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Quote: Ferocious Aardvark "Blake Solly is far from being an idiot, and you don't understand the position.

In Bosman, the player's contract had expired, that is not the case here. Players as well as clubs agree to abide by the RFL's regulations and cannot tear up contracts on a whim. The RFL is perfectly entitled to apply its Operational Rules in deciding whether or not to register a player with another club.
'"


I understand that you are a solicitor so maybe you can clarify something from a legal standpoint ?

How can a "club" hold a player's registration when the "club" does not exist as a legal entity or recognised employer and is, as has been argued on here, merely a brand name ? Surely the registration is (was) held by the company as the "club" could not have employees ?

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Quote: Derwent "I understand that you are a solicitor so maybe you can clarify something from a legal standpoint ?

How can a "club" hold a player's registration when the "club" does not exist as a legal entity or recognised employer and is, as has been argued on here, merely a brand name ? Surely the registration is (was) held by the company as the "club" could not have employees ?'"


icon_wink.gif icon_lol.gif

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Thats what I don't get, how can a club cease so doesn't have to honour all it's debts but the new club claims to still hold player contracts?

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