FORUMS > Salford Red Devils > Locke gone! |
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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 ""If locke is owed money as he claims, then the club could be said to be in breach of contract"
Not true
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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| Quote: 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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| As I posted earlier, KL's solicitor Richard Cramer was on Radio Manchester yesterday and the exact term he used was "accepted a repudiatory breach" - that is he was claiming that the club had broken the terms of Locke's contract in such a serious manner as to end the contract.
Tuesday next is going to be interesting!!
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| I trust Cramer all day long with his 25 plus years experience in RL players contracts when it comes to this issue, over Koukash and his 2 year experience as an owner.
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| It really depends on Locke's end game.
Does he want to establish a breach so that he can simply walk away and sign for someone else without a fee ?
Alternatively, is the alleged breach to be used as grounds for suing the club for specific performance of the contract ie paying him as originally agreed.
Probably a bit of both !
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| Quote: Bonita Red "......is the alleged breach to be used as grounds for suing the club for specific performance of the contract ie paying him as originally agreed.
Probably a bit of both !'"
Well Cramer also said "KL has resigned while reserving his rights with respect to past & future losses"
Where's FerociousAardvark when you need him?
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| Quote: theredshed "Young man there's a place you can go.
Thanks mate, its good to keep it light hearted. Not every one gets the humour.
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| Quote: Bonita Red "It really depends on Locke's end game.
Does he want to establish a breach so that he can simply walk away and sign for someone else without a fee ?
!'"
Off to Parramatta ??
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| Locke has posted on Facebook claiming he has not been paid for nearly 10 months and this combined with the fact "owner talking s**t about me" was why he left. These are as yet allegations and just his side of the story.
If someone tells me how to upload a picture I will upload his post if it's allowed.
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| Are you talking sh8t if so prove this post!
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| Quote: Fozzysalforddevil "Are you talking sh8t if so prove this post!'"
Im not sure how to post it. I cant upload an image on here. Also, I hope there arent any legal ramifications of me doing so considering this is an ongoing legal dispute.
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| If this is something legal im sure locke would keep this to himself. Also ive checked his fb and there is nothing unless your friends with him!
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| Quote: Fozzysalforddevil "If this is something legal im sure locke would keep this to himself. Also ive checked his fb and there is nothing unless your friends with him!'"
????
I have a link for it what someone else has posted, if it's allowed.
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| Quote: MarioRugby "Locke has posted on Facebook claiming he has not been paid for nearly 10 months and this combined with the fact "owner talking s**t about me" was why he left. These are as yet allegations and just his side of the story.
If someone tells me how to upload a picture I will upload his post if it's allowed.'"
It does seem very hard to comprehend though doesn't it?10 months!! How many people would keep showing up for work everyday if they hadn't been paid for this long?
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