FORUMS > The Virtual Terrace > Justin Carney |
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It's not my line of logic but simple employment law. I seriously doubt the RFL would have the balls to refuse to register him elsewhere as they would be at risk of a 'restraint of trade' accusation.
Yes, sportsmen can give notice as in any other field of employment. Usually this would be 6 months (but of course in this case Fages is claiming that Salford were the first to breach the contract so he could resign without notice). The most recent I can think of was Ally McCoist, who gave his notice to end his contract as manager at Rangers even though his contract ran for a number of years. It's just not frequent.
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| Quote: nottinghamtiger "
Yes, Fages can resign. That is a different issue from the rules around registration with a professional body. For instance, there are rules about clubs approaching players prior to certain dates. That is equally a restraint of trade but it is permitted due to the overriding principles established by the professional body. Fages can resign and not be forced to play for Salford, and not be paid. Whether the RFL registers him with a different club is a matter for the RFL and their rules.
You are merging two issues: the ability of an individual to escape a contract and the regulations of a professional body.
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| Quote: nottinghamtiger "
That "restraint of trade" argument worked out real well for Iestyn and the Bulls.
Do you really believe that, for example, instead of paying €100m for Gareth Bale Real Madrid could just invited him for a job interview and waited for him to resign and work his notice like a normal job? In fact given the sum involved wouldn't they have just signed him up and said to spurs -tough sh*t, sue us if you don't like it as it was a restraint of trade for you to try and demand a huge transfer fee before releasing him.
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| Exactly. Just like Bosman a single player could bring down the whole transfer fee system overnight. The reality is that "simple" employment law doesn't always apply to professional sports.
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| Back OT, if what's rumoured is true, as well as being generally poor, he's broken one of the cardinal rules of sports teams, which rely heavily on trust and team spirit. I can't see how he can stay at Cas unless the other guy is universally disliked by other players, which seems unlikely.
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| is it just me that doesn't rate him? poor hands and a liability in defence. I can't see a top club signing him. Salford bound was my information and that's about his level
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| Nottingham Tiger has plenty of form for inaccurate legal advice he claims absolute knowledge of and accepts no challenge.
It is simply not true to say that once someone resigns they're contract has ended. It hasn't ended until the end of the notice period at the earliest unless the employer accepts it.
If NT was right then things like gardening leave and rules about public employees (as an eg) not working for certain organisations for a set period after resigning from their role wouldn't be legal. Anyone can quit their job and start a new one tomorrow regardless of notice. It would always be up to the former employer to sue for breach of contract
And that's before the point about registration. As others have hinted at these things work by mutual consent. If employers and employees flout them fixing it is a difficult and costly process that many, on both side, don't pursue
Never quite as black and white as the tiger makes out
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| Quote: tad rhino "is it just me that doesn't rate him? poor hands and a liability in defence. I can't see a top club signing him. Salford bound was my information and that's about his level'"
I know what you mean. He's a great finisher as long as he catches the ball. Very hard to stop from 10 metres out but needs good service and is dodgy under high balls and inaccurate passes. When we (Salford) play Cas it looks like all they have to do is give him the ball and he'll score every time. More so than much better players. But I think he'd be ground out if he joined Wigan, Leeds, saints. He's a mid to lower table player I think
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| Quote: nottinghamtiger "There seems to be a big misunderstanding by some people of the Fages situation. He has resigned from Salford and is therefore no longer their employee - he is not theirs to swap! If a club wants to sign Fages they can do so without having to have any discussions with Salford.'"
You're aware that Fages resignation was rejected by Salford? Hence the tribunal that will be taking place in the next few weeks to determine whether or not there was a breach. If the tribunal are in favour of Salford, his registration is still ours to swap - if Theo wins, he's a free agent but again due to his age Salford will receive a fee set by the tribunal.
Theo cannot sign for any other club until the outcome of the tribunal. Why do you think no club has made an offer to Salford for him since being transfer listed? Clubs were aware of what his agent was going to do, ie resign and go to tribunal (with a strong case).
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| Sporting contracts are usually for a fixed term. That's the difference. To end it early, either agree a payoff settlement or else claim the other party has committed a big enough breach that it entitles you to treat the contract as at an end, and you choose to do so.
The use of "resign" is just sloppy use of language. you can tender your resignation, and if the other party ACCEPTS your resignation then cool, but if they don't, then you DIDN'T resign. You offered your resignation but your offer was rejected. So you remain under contract and you'll have to come up with something else.
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| if he leaves cas then he'll probably end up at catalans, i'm sure they still have some young frenchmen to replace yet!
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| We've taken on our fair share of f***wits for Care in the RL Community. Someone else should have to take him.
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| People are saying, he'll probably go back to the NRL. Frankly, if NRL clubs were queuing up for him, what's he doing in SL in the first place? I don't think he's all that either. He takes some stopping from close range, but so do most wingers. And plenty have more to their game than Carney. I was surprised to see him making people's Dream Team on that thread.
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| Quote: meast "if he leaves cas then he'll probably end up at catalans, i'm sure they still have some young frenchmen to replace yet!'"
He will then become the bestest Winger in the whole wide world in the eyes of a certain faux Frenchman...
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| Quote: Biff Tannen "He will then become the bestest Winger in the whole wide world in the eyes of a certain faux Frenchman...'"
Are there any more Carneys? Perhaps with Tod & Justin Cats could go on to recruit a full side of them?
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