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| It wasn't a trial, it was a hearing under RFL Operational Rules. The crux of the matter being that Charnley was more of an "impressive and credible witness" than McGuire was. We can only speculate as to how they arrived at this conclusion, that tipped the balance of probabilities towards Charnley's claim. What we do know is that McGuire has already been charged with the same offence, after the preseason match with Leigh that was, IIRC, witnessed by match officials Marcus Griffiths. Amone of Leigh was cleared of a similar charge made against him, as only McGuire made an official allegation. Matt Dufty witnessed the comments made by Amone, but didn't want to make an official allegation after the match had finished.
I'm not defending McGuire, but he seems to have been treated unfairly in comparison to Amone. The club have now little option but to terminate McGuire's contract.
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| Quote ="worthing wire"It's probable that I'll get a ban for this post, but here goes anyway (it's a forum and we're all adults, after all):
It seems that McGuire has twice now used the word spastic, or some diminutive of this.
Which is, these days, an offensive term.
If Josh Charnley's son has cerebral palsy, then McGuire has used an old-fashioned, now very pejorative, term to state a fact. It's not very nice by any stretch, and he deserves calling out on it.
If Josh Charnley's son doesn't have cerebral palsy, and is autistic as has been suggested, then McGuire has used an old-fashioned, pejorative term inaccurately. Again, it's not nice, and he deserves calling out on it.
In either scenario, Charnley appears to have taken offence at the word used by McGuire. Which is understandable, but this isn't a war crime FFS.
The capacity for people to be offended in this day and age seems to get greater almost by the minute.
Having said all this, McGuire has a fairly long rap sheet in the past, so it's not looking like he was a very sensible signing all told.'"
You're being willfully ignorant of the situational use of the word (not that using it any context is good). For what possible reason would McGuire have to say the word to Charnley during a rugby game other than to be mean spirited and get a reaction. Which if he wants to wind Charnley up then go for it. But don't use someones child to do so. Under any circumstances.
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| Firing McGuire might be easier said than done, because it would leave them open to legal action from him IF he decided to fight the disciplinary verdict in a higher court (and let's face it, that evidence wouldn't stand up to much scrutiny in court).
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| Quote ="Dita's Slot Meter"Firing McGuire might be easier said than done, because it would leave them open to legal action from him IF he decided to fight the disciplinary verdict in a higher court (and let's face it, that evidence wouldn't stand up to much scrutiny in court).'"
Interesting thought, and in a court of law, the evidence would be viewed very differently.
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| He wont take it to court
He's been found guilty
He's not really been great since he joined
Bin him if we can, let him train with the reserves if we can't.
Peanut to 2nd Row, King recalled and back at 3.............
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| The only way we can fire him is through a mutual termination. Do it without and he has every right to sue, if he (or, more importantly, a lawyer) truly believes he can win a case in a higher court.
Probably would have a double whammy of suing the RFL for restraint of trade and Wire for unfair dismissal.
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| This forum has a surprising amount of lawyers on it
Not only lawyers, but lawyers with detailed knowledge of individual players contracts.
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| Would a "he said but there were no actual witnesses" be a reason for dismissal if an employment tribunal was involved?
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| If he said it, he should have some decency and walk. If he maintains that he hasn’t said anything offensive, then the appeal should be underway and announced at the first opportunity, even for the clubs sake to look like they are not just being inactive on this.
I would have thought the club would have put him on gardening leave pending the outcome of any appeal and/or the internal investigation.
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| All of this could’ve been avoided if McGuire had simply had a pop at Charnley’s miniscule winkle like any normal human being.
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| Quote ="Philth"This forum has a surprising amount of lawyers on it
Not only lawyers, but lawyers with detailed knowledge of individual players contracts.'"
I know enough about, and had enough dealings with, employment law that I know you can't just fire someone on the basis of a lone, witness-less complaint from an ex-employee, who has a gripe against both your business and the individual he's complaining about.
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| And you know without any doubt that there's nothing in McGuire's contract that states any lengthy ban or multiple lengthy bans dished out by the governing body could result in dismissal. Or if found guilty of using foul and offensive language by said governing body it would be considered gross misconduct. Fascinating.
I hope more Aussies don't twig, sign for 3 years and call someone a "slot meter" every time they play so they get 3 years of nest egg whilst having a picnic in Walton Gardens
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| Any RL player signing a contract with those terms and conditions probably needs to find himself a new agent.
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| Sorry DSM , I don’t want to come across all know-it-all but it is not ‘witness less”. Charnley is a witness. It may be uncorroborated,but that isn’t fatal to a dismissal or even a conviction come to that.
As to grounds for dismissal a clause allowing for dismissal where the employer is brought into disrepute by the actions of its employee is fairly standard and i would be amazed if nothing along those lines were included in Maguire’s contract.
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| It's an indictment of today's society that there are people protesting the ban.
There's enough evidence from the first instance to dismiss him. If his contract doesn't incorporate a "gross misconduct" clause I would be amazed. He has clearly breached that requirement.
As for restraint of trade, do me a favour. He's breached his contract. End of discussion.
Hugely disappointed with the club at it's inaction. Dismissal.
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| Quote ="Ken Parr's Back Pass"It's an indictment of today's society that there are people protesting the ban.'"
A society that supports fairness and some evidence?
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| Still peddling the notion charnley made up a discriminatory comment about his own son. Wow.
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| After listening to DP media comments on Wire TV, I read into it, undertones that the career of McGuire relies on what decision McGuire decides to take.
My hunch is,…
Don’t appeal, get dismissed,
Appeal, with credible evidence (which DP’s body language gave the impression he doesn’t think that will be forthcoming), and get a quash or big reduction in the suspension, and keep your job.
As long as there is that chance of appeal, the club will give him the time.
If by Thursday he hasn’t appealed…he’ll get dismissed.
Reading between the lines, that’s how I see it.
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| Quote ="Seth"Still peddling the notion charnley made up a discriminatory comment about his own son. Wow.'"
There is that chance he may have done, but unfortunately for McGuire, Charnley didn’t lie during the first suspension!
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| Right, I'm locking this before we go round in any more circles which lead to rows, if and when new details are released I'll unlock it.
Anything posted on the disciplinary thread will get trashed.
Thanks for your cooperation
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| There's no future for McGuire at Warrington when he's sat in the stands for 19 games of the season.
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| There's no future for McGuire at Warrington when he's been found guilty of inappropriate language twice. If he had done that in many work places, he'd be on very thin ice, if not on his way out.
However, never mind the legalities and the employment situation, I don't want someone who thinks that sort of behaviour is acceptable at my club.
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| Yeah i'd say he's off then, if he does indeed go he's not a player i think i'll forget we signed for a long long time. Genuinely never seen anything like it.
Hopefully we can find a quality replacement for him, which i think will be next year as we are struggling to sign someone for this year. Mikaele left about 10 weeks ago now and Powell keeps saying nothing is even close at the minute.
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| He’s gone.
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