Quote: Fishermanscap "Does it really, bet you can’t prove it can you? Immediately making it gash.
Bradford spent years perusing that particular avenue against Leeds, remind us all how that turned out.
Let’s get one thing straight, contracts are part of a remuneration package and as such fall under employment laws. Wigan and the RFL can huff and puff all they want but they can’t make a person work for a company they don’t want to work for, end of. Any attempts to punish said individual would be considered as discriminatory and it would be Wigan and the RFL in the dock not Hastings.
The only thing Wigan would be legally entitled to would be any upfront costs, wage advances that kind of thing.
But hey you carry on believing that Wigan’s word is the law and see where it gets you.'"
It’s a bit more complicated that that, though.
You’re right, Wigan can’t make Hastings work for them through force. Slavery was ended years ago. They also can’t prevent him from working elsewhere. The NRL can refuse to let another club register him whilst Wigan hold his registration, but Wigan themselves have absolutely no legal basis for preventing him working for another company.
Why they can do sue him for BoC. They’d need to prove that they suffered a financial loss as a result of his BoC though. It’s never an easy thing to quantify, as of course they actually gain financially through not having to pay his wages. It’s completely impossible to quantify a financial loss based on supposition and prediction. They can’t turn around and claim that losing him will cost them a Grand Final appearance or a certain proportion of season tickets. All this is also made more complicated when the said ex-employee is no longer in the UK.