FORUMS > Wigan Warriors > Hardaker |
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| How can they proceed with legal proceedings, he took coke and was sacked from his job. If they wanted to keep him they could have stood by him, seems because he is available to play next season they have spat their dummy out.
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Player Coach | 2833 | No Team Selected |
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Apr 2009 | 16 years | |
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| Quote: Down by the Duggie "How can they proceed with legal proceedings, he took coke and was sacked from his job. If they wanted to keep him they could have stood by him, seems because he is available to play next season they have spat their dummy out.'"
This is a common misunderstanding.
By taking cocaine and breaching his contract, Hardaker committed what is know as the repudiatory breach of contract. When an employee does this, the employer is entitled to dismiss them and pursue them for any financial loss (which would also include some pretty steep legal fees).
The precedent is already set. Adrian Mutu (Chelsea player) took cocaine and was sacked by the club, who then successfully sued him for the cost of the “wasted transfer fee” and also the cost of his replacement. Mutu appealed to every possible court but the decision stood.
Rugby players are employees like everyone else. It’s simple employment law that employees are liable for any financial loss to their employer that is caused by an employee committing a repudiatory breach of contract.
Once this was pointed out to Hardaker, his deal with Wigan suddenly seemed less appealing. He’d be better re-signing for Cas on a much lower wage than signing for Wigan and fighting a legal battle he is likely to lose. I reckon he’d be looking at £250k if Cas are successful in suing him. He’d likely lose his brand new house and be paying Cas a significant part of his salary for the next few years.
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Nov 2004 | 20 years | |
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| That’s one way of motivating a guy to play for you!
That rumour just doesn’t stack up. Why would Cas do that? Force a guy to go back on a low deal against his will after sacking him.
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Player Coach | 2833 | No Team Selected |
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Apr 2009 | 16 years | |
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| Quote: NickyKiss "That’s one way of motivating a guy to play for you!
That rumour just doesn’t stack up. Why would Cas do that? Force a guy to go back on a low deal against his will after sacking him.'"
It might not be against his will. He doesn’t want to move away from his new house and his mummy.
I’m not sure he’d be on a low deal either. He’d just be on a deal that meant he wasn’t sued for a massive amount of money.
At the end of the day, Cas are a business. If he signs elsewhere and we have the opportunity to recoup our loss, it would make business sense to do so. Nothing personal, just the way things are.
I’d rather he sign for Wigan than come back to Cas.
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Player Coach | 15259 | No Team Selected |
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Jan 2006 | 19 years | |
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| Quote: nottinghamtiger "It might not be against his will. He doesn’t want to move away from his new house and his mummy.
I’m not sure he’d be on a low deal either. He’d just be on a deal that meant he wasn’t sued for a massive amount of money.
At the end of the day, Cas are a business. If he signs elsewhere and we have the opportunity to recoup our loss, it would make business sense to do so. Nothing personal, just the way things are.
I’d rather he sign for Wigan than come back to Cas.'"
Then you won't be disappointed.
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Club Captain | 332 | No Team Selected |
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Jul 2016 | 8 years | |
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| Quote: nottinghamtiger "This is a common misunderstanding.
By taking cocaine and breaching his contract, Hardaker committed what is know as the repudiatory breach of contract. When an employee does this, the employer is entitled to dismiss them and pursue them for any financial loss (which would also include some pretty steep legal fees).
The precedent is already set. Adrian Mutu (Chelsea player) took cocaine and was sacked by the club, who then successfully sued him for the cost of the “wasted transfer fee” and also the cost of his replacement. Mutu appealed to every possible court but the decision stood.
Rugby players are employees like everyone else. It’s simple employment law that employees are liable for any financial loss to their employer that is caused by an employee committing a repudiatory breach of contract.
Once this was pointed out to Hardaker, his deal with Wigan suddenly seemed less appealing. He’d be better re-signing for Cas on a much lower wage than signing for Wigan and fighting a legal battle he is likely to lose. I reckon he’d be looking at £250k if Cas are successful in suing him. He’d likely lose his brand new house and be paying Cas a significant part of his salary for the next few years.'"
I don’t think it’s quite as clear as you think quoting the Mutu case.
As you have said there is a precedent but such a case would be incredibly expensive and time consuming, Hardakers very adequate legal team obviously wouldn’t go down without a fight. We are talking about two Rugby teams here, not two footballing giants.
In reality, you would assume that should Cas go down the legal route it would end up being settled out of court, maybe with Wigan paying something akin to a transfer fee. If the Solomona case is anything to go by, Cas wanted £500k but settled at about £200k plus contribution towards legal fees.
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International Star | 2795 | No Team Selected |
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Jun 2011 | 13 years | |
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| Hardaker lit the blue touch paper a bit on Twitter after the Saints v Cas game. He said ‘I hope Ben Barba is in Superleague next year’. The first response was to say it’ll be interesting to see who comes out on top if they play against each other. Hardaker replied ‘Easy, me!’ Ha, some of the responses to that were predictable as one might imagine!!
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International Star | 1522 | No Team Selected |
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| Quote: Bigredwarrior "Hardaker lit the blue touch paper a bit on Twitter after the Saints v Cas game. He said ‘I hope Ben Barba is in Superleague next year’. The first response was to say it’ll be interesting to see who comes out on top if they play against each other. Hardaker replied ‘Easy, me!’ Ha, some of the responses to that were predictable as one might imagine!!'"
Now that would be close to the line....and I wonder how they would celebrate?
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May 2018 | 7 years | |
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| Time will tell if we have signed Zak and if the club can manage him. No matter where he ends up playing I hope he grabs the support with both hands and do his talking on the pitch and be remembered for the awesome player he could be rather than off field topics. Throughout all sports there have been amazing players who have needed help managing their demons, whether it be gambling, off field antics etc the list is endless. Not many get the chances to change perceptions and in some cases reality, and ultimately turn it around, for example Ben Barba
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Club Captain | 443 | |
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Jul 2017 | 7 years | |
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| Fair chunk of truth from nottinghamtiger...
Compensation to Cas will be settled by Wigan not the player if he choses to join. Warrington interest ended tail end of last week, their recruitment for next year is almost done and no room for Zak. Offered a 4 year deal but now extended to a 5 year deal and is quite substantial, more akin to the deal offered to ST that was rejected, not the peanuts touted by some. Decision is still up in the air, a move from home (new house, partner, family) isn't appealing.
I would expect an announcement soon as I am sure the club are dictating the pace.
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Moderator | 14395 | No Team Selected |
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Dec 2001 | 23 years | |
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| Quote: RichieS "Fair chunk of truth from nottinghamtiger...
Compensation to Cas will be settled by Wigan not the player if he choses to join. '"
Why would Wigan pay Cas anything given Cas sacked him and be become a free agent?
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| Quote: RichieS "a move from home (new house, partner, family) isn't appealing.'"
Hardly a million miles away is it.
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Mar 2010 | 15 years | |
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| Quote: RichieS "Fair chunk of truth from nottinghamtiger...
Compensation to Cas will be settled by Wigan not the player if he choses to join. Warrington interest ended tail end of last week, their recruitment for next year is almost done and no room for Zak. Offered a 4 year deal but now extended to a 5 year deal and is quite substantial, more akin to the deal offered to ST that was rejected, not the peanuts touted by some. Decision is still up in the air, a move from home (new house, partner, family) isn't appealing.
I would expect an announcement soon as I am sure the club are dictating the pace.'"
He's signed.
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Jul 2016 | 8 years | |
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| Quote: DaveO "Why would Wigan pay Cas anything given Cas sacked him and be become a free agent?'"
Because there is precedent for Cas to go after Hardaker for breach of contract if he signs for someone else. If it’s £150k they go after, as I said above, you’d imagine it would be settled out of court with Wigan paying an element of the original transfer fee.
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Club Captain | 1227 | |
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Dec 2015 | 9 years | |
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| I’m no expert but if Cas have sacked him they have no right in holding his registration have they?
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