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| Quote redballoon99="redballoon99"It's a strange one this. From what I can read, Locke has tended his resignation... That doesn't mean it will be accepted. I thought if you had a contract, you couldn't just hand in your notice and go and play elsewhere. Or have I got it all wrong?'"
Salford have to accept the resignation, and doing so (even verbally) will legally nullify the remaining responsibilities of both parties - what I imagine is currently going on is a negotiation between Salford and Lockes representatives, to have a conditional acceptance found (aka we'll accept the resignation if you drop the lawsuit).
Once the acceptance is agreed, Locke will then be free to take up any deal another club may offer him, assuming they don't violate the terms of the acceptance.
At least that is my current understanding on the matter, it is certainly not an everyday issue...
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Player Coach | 4314 | Batley Bulldogs |
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Apr 2007 | 18 years | |
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| Quote Magic Superbeetle="Magic Superbeetle"Salford have to accept the resignation, and doing so (even verbally) will legally nullify the remaining responsibilities of both parties - what I imagine is currently going on is a negotiation between Salford and Lockes representatives, to have a conditional acceptance found (aka we'll accept the resignation if you drop the lawsuit).
Once the acceptance is agreed, Locke will then be free to take up any deal another club may offer him, assuming they don't violate the terms of the acceptance.
At least that is my current understanding on the matter, it is certainly not an everyday issue...'"
Surely this can't be right. What if Roanldo did this at Real Madrid. If they had to accept it surely the player could command a much higher salary because there would be no transfer fee. Surely the club the holds the registration of the player for the full contract term.
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International Chairman | 2524 | Batley Bulldogs |
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| According to KL's solicitor just on the radio KL has "accepted a repudiatory breach by the club"
As I understand it that means he is claiming that the club have breached the contract in such a serious way as to effectively terminate it.
Presumably it either ends in court or with some compromise agreement between player and club
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| Quote theredshed="theredshed"Surely this can't be right. What if Roanldo did this at Real Madrid. If they had to accept it surely the player could command a much higher salary because there would be no transfer fee. Surely the club the holds the registration of the player for the full contract term.'"
Why would Real Madrid accept Ronaldos resignation? Usually there is no motivation (though they may accept he's not happy and agree to transfer list him).
The difficulty here is the player (supposedly) has leverage in the unpaid salary - and there's the whole business of koukash telling the press he's free to leave.
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International Star | 2498 | London Skolars |
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| Quote theredshed="theredshed"Castleford village could potentially be in financial meltdown.'"
25-24 to "the village people" tonight.
Seriously it shows what can be done if you build slowly and create genuine team spirit and a good club culture.
Not going to say much more as several Salford posters (understandably) don't like rival fans coming on here with opposing views.
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Player Coach | 4314 | Batley Bulldogs |
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| Young man there's a place you can go. 
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International Star | 10464 | Huddersfield Giants |
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| Quote redballoon99="redballoon99"It's a strange one this. From what I can read, Locke has tended his resignation... That doesn't mean it will be accepted. I thought if you had a contract, you couldn't just hand in your notice and go and play elsewhere. Or have I got it all wrong?'"
If locke is owed money as he claims, then the club could be said to be in breach of contract and so locke could resign from that contract.
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Club Coach | 2464 | No Team Selected |
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| Laughable. We are a joke club. We're not becoming one, it's done.
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| I think we have been a joke club for quite a few years.
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| "If locke is owed money as he claims, then the club could be said to be in breach of contract"
Not true: it could be one part of a case but the club has to be given the chance to pay the money (and any agreed costs, recompense, etc). In theory anyone paid a salary in arrears is owed money by their employer.
The case is likely to be focused on constructive dismissal. This is a complex area and depends on a body of evidence usually showing changes, comments, directions, etc that make the person feel they have lost their job or cannot continue in it. I cannot but speculate as I am not party to this case. Nor do i know of the grievance procedures in any RL club that could be used to diffuse such action.
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| Quote Hillbilly_Red="Hillbilly_Red""If locke is owed money as he claims, then the club could be said to be in breach of contract"
Not true: it could be one part of a case but the club has to be given the chance to pay the money (and any agreed costs, recompense, etc). In theory anyone paid a salary in arrears is owed money by their employer.
The case is likely to be focused on constructive dismissal. This is a complex area and depends on a body of evidence usually showing changes, comments, directions, etc that make the person feel they have lost their job or cannot continue in it. I cannot but speculate as I am not party to this case. Nor do i know of the grievance procedures in any RL club that could be used to diffuse such action.'"
I have some personal experience of this. Although this was some time ago. A previous employer of mine failed to pay some money's owed, I had found another position but they were insisting on me working my full notice-even though I was owed holiday time- they were insisting I could not take these holidays as part of my notice period. after taking legal advice I was told that as my previous employer had breached the terms of my contract I was able to leave without having to work my notice- which I did. They tried to not pay me my final wage claiming I was in breach of contract by not working my notice -they failed at a tribunal -they had breached the contract by not paying me money's owed.
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Club Owner | 10390 | No Team Selected |
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| Quote jools="jools"I have some personal experience of this. Although this was some time ago. A previous employer of mine failed to pay some money's owed, I had found another position but they were insisting on me working my full notice-even though I was owed holiday time- they were insisting I could not take these holidays as part of my notice period. after taking legal advice I was told that as my previous employer had breached the terms of my contract I was able to leave without having to work my notice- which I did. They tried to not pay me my final wage claiming I was in breach of contract by not working my notice -they failed at a tribunal -they had breached the contract by not paying me money's owed.'"
You had a job
I had a similar situation, resulted in a trip to the small claims court and a settlement in my favour.
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