FORUMS > Wigan Warriors > Hardaker |
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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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| 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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| 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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| 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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60422_1310296726.jpg :d7dc4b20b2c2dd7b76ac6eac29d5604e_60422.jpg |
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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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| 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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76097_1531391567.jpg :d7dc4b20b2c2dd7b76ac6eac29d5604e_76097.jpg |
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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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26.jpg Last league derby at Central Park 5/9/1999: Wigan 28 St. Helens 20
Last league derby at Knowsley Road 2/4/2010: St. Helens 10 Wigan 18:26.jpg |
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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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50494_1274104673.jpg [quote="wearethewire":3otazmtq]expect nothing, anything more is better[/quote:3otazmtq]
[quote="Wires71":3otazmtq]And there is the Warrington motto in a nutshell. No wonder we were dog dirt for 20 years [/quote:3otazmtq]
[quote="madoggy":3otazmtq]hope saints win it, if wigan dont win another league title for 100 years they would still have more than everyone [/quote:3otazmtq]:d7dc4b20b2c2dd7b76ac6eac29d5604e_50494.jpg |
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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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| 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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| I’m no expert but if Cas have sacked him they have no right in holding his registration have they?
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Quote: hengirl "I’m no expert but if Cas have sacked him they have no right in holding his registration have they?'"
https://www.google.co.uk/amp/s/amp.theg ... tu-chelsea
As above, precedent exists for Cas to go after the player for breach of contract as in the Mutu case.
Wigan will no doubt be aware of this and realistically if legal action is threatened/taken, you would imagine Wigan will settle out of court with a payment akin to a transfer fee. Depends if Cas have the appetite.
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Quote: hengirl "I’m no expert but if Cas have sacked him they have no right in holding his registration have they?'"
https://www.google.co.uk/amp/s/amp.theg ... tu-chelsea
As above, precedent exists for Cas to go after the player for breach of contract as in the Mutu case.
Wigan will no doubt be aware of this and realistically if legal action is threatened/taken, you would imagine Wigan will settle out of court with a payment akin to a transfer fee. Depends if Cas have the appetite.
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| Quote: WARRIOR5 "https
My understanding is that Cas will pursue for BoC.
It’s a much clearer case than the Solomona one that we did persue.
No surprise either than Jon Wells was appointed after the Solomona affair and during Hardaker’s suspension. He’s a qualified solicitor and knows his stuff.
I’m ng sure why Wigan would pay anything to Cas. The BoC was by him and he’s personally liable for the consequences.
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26.jpg Last league derby at Central Park 5/9/1999: Wigan 28 St. Helens 20
Last league derby at Knowsley Road 2/4/2010: St. Helens 10 Wigan 18:26.jpg |
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| Quote: WARRIOR5 "https
In that case as you say the club sued the player to recoup the transfer fee. For Wigan to pay any such fine on his behalf would be problematic. It would be classed as income by the tax man and no doubt by the salary cap auditor. How a deal done outside of that would be viewed, God knows. If Cas don't hold his registration it's not a transfer and if Wiganj refused to pay and Cas went after the player and won that would put an end to any move because I doubt he can afford to pay up and clubs can't just pay it for him. So I take your point there may be money involved but I doubt it would be close to £150K. Then again that was a Fifa decision the player should pay and it went to the Court of Arbitration for Sport when he appealed. I am not sure if the RFL as governing body is going to or even has the ability to force players to pay back transfer fees. Cas would have to threaten to take the player to court I think.
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