FORUMS > Bradford Bulls > craig kopczak terminated his bulls contract! |
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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
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 ?'"
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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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| Quote: Gi4nts "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?'"
Gi4nts
This has been explained numerous times in greater detail than I will put here – but the basics are:
EDITED AGAIN TO BE MORE ACCURATE:
What you know to as Bradford Bulls never owed any debt. The players (contracts)/staff (contracts)/name/logo/history/agreements (for things like playing at Odsal)/Licence with the RFL and a whole host of other stuff you probably consider as "The Bulls" were infact (in a business sense) assets of the Bradford Bulls Holding company. The debts were not held by the assets they were also held by the holding company.
When the holding company went bust the assets were bought by a new company (OK Bulls limited) - but that company did not buy all the debts too. That is why they get the player contracts (as long as the players don't pull out under TUPE rules) but not the debts.
EDIT: Also, the player registration with the RFL is not a legal issue (as far as I'm aware) and is just something that the RFL run to prevent players being poached from clubs (as trade restriction laws prevent them from stopping you signing someone but they can set rules saying you can't play that person) - as such they can set any rules they wish as to who holds the registration.
I may be totally wrong on the reason for the player registration - but thats always why I have presumed it exists.
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| Quote: Gi4nts "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?'"
That's what I don't get. How can a club, who has promised not to talk to any contracted Bradford players, still manage to talk to contracted Bradford players?
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| Quote: debaser "That's what I don't get. How can a club, who has promised not to talk to any contracted Bradford players, still manage to talk to contracted Bradford players?'"
Now you'll be confusing Mr 4ants..
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| Quote: debaser "That's what I don't get. How can a club, who has promised not to talk to any contracted Bradford players, still manage to talk to contracted Bradford players?'"
Did they promise not to talk to them, or promise not to approach them ? If its the latter and the player's agent approached them then.......
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| Quote: TheOmen "
EDIT
If that's the case there could be a counter-argument that an organisation which is not an RFL member can not hold the playing registration. At the point of sale BBHL ceased to be members of the RFL. Have OK Bulls been officially ratified as a member of the RFL yet ?
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| So, what's the current argument;
How can agents break a non-binding gentlemen's agreement not to facilitate the hasty poaching of players who will soon be out of contract/out of a job?
OR
How can a club with legally binding contracts with suppliers, staff and players, run a business using a model where they knew those contracts could not be honoured?
Who are the baddies in this soap opera? Doesn't sound like Koppy.
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| 1 - Koppy was not soon to be out of contract or job. Where was this a given?
2 - If you are alleging that the directors of the club deliberately ran it whilst knowingly insolvent (which is an offence) then either take your evidence to the police or the administrator, or consult your lawyer regarding the possibility of impending libel action.
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| I didn't make a statement, I asked a question. Still, I await my summons - won't hold my breath!
Are you saying that the directors didn't notice that they hadn't paid HMRC, or the RFL and that they kept on running a business, where they hadn't realised that they didn't have the funds to continue?
Perhaps you are suggesting they are incompetent or fraudsters.
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