Wingers

[therailwayendisnigh]

Read on another website that Sale were applying for a work permit for DS so he can join them hope its refused if not we should all personally object if granted

If that is true then they cant deny that have induced a breach of contract!

[Fumper27]

Read on another website that Sale were applying for a work permit for DS so he can join them hope its refused if not we should all personally object if granted

If that is true then they cant deny that have induced a breach of contract!

Not necessarily if they claim they did it AFTER Denny "resigned : retired" from Rugby League...

[Shameless]

Is Solomona still on a Visa or does he have full UK Citizenship?

If he is on a Visa that will have been as an RL Player and if he has retired the Visa should expire.

I can't go to Australia as a plumber, retire and start working as an electrician on the same work Visa.

[therailwayendisnigh]

Read on another website that Sale were applying for a work permit for DS so he can join them hope its refused if not we should all personally object if granted

If that is true then they cant deny that have induced a breach of contract!

Not necessarily if they claim they did it AFTER Denny "resigned : retired" from Rugby League...

Fair point, but I believe Cas refused to accept his resignation, and the contract therefore stands. I could however be wrong, but I don't recall it happening before ;-)

[old cas lass]

Read on another website that Sale were applying for a work permit for DS so he can join them hope its refused if not we should all personally object if granted

If that is true then they cant deny that have induced a breach of contract!

Not necessarily if they claim they did it AFTER Denny "resigned : retired" from Rugby League...

Fair point, but I believe Cas refused to accept his resignation, and the contract therefore stands. I could however be wrong, but I don't recall it happening before ;-)

Well when ever they applied for it, it will be all dated.
So that would be up to the lawyers to do there job and bring it forward as evidence.

[Shameless]

Read on another website that Sale were applying for a work permit for DS so he can join them hope its refused if not we should all personally object if granted

If that is true then they cant deny that have induced a breach of contract!

Not necessarily if they claim they did it AFTER Denny "resigned : retired" from Rugby League...

Fair point, but I believe Cas refused to accept his resignation, and the contract therefore stands. I could however be wrong, but I don't recall it happening before ;-)

This is academic. Cas can't refuse to accept a resignation. I have a contract at work as most of us do but it doesn't stop me resigning and leaving the only issue would be any contractual notice period. A contract doesn't mean you HAVE to work for someone it's simply an agreement of how much they pay you for your time.

The issue is can he then play Union after resigning and the Visa issue I mentioned earlier.

[jackknife]

Sale have released a statement (BBC Sport) saying it had come to there attention that DS had retired from RL and had visited there training camp to watch his friend train for sale and that they are NOW interested in trying to tempt DS out of retirement to sign for them.

[tigerfeat]

Well i suppose it is the pantomime season ...

[Aid]

Read on another website that Sale were applying for a work permit for DS so he can join them hope its refused if not we should all personally object if granted

If that is true then they cant deny that have induced a breach of contract!

Not necessarily if they claim they did it AFTER Denny "resigned : retired" from Rugby League...

Fair point, but I believe Cas refused to accept his resignation, and the contract therefore stands. I could however be wrong, but I don't recall it happening before ;-)

This is academic. Cas can't refuse to accept a resignation. I have a contract at work as most of us do but it doesn't stop me resigning and leaving the only issue would be any contractual notice period. A contract doesn't mean you HAVE to work for someone it's simply an agreement of how much they pay you for your time.

Clearly contracts for rugby players, footballers etc do NOT have a resignation clause, or players would be resigning every day of the week when they get a better offer. As for retiring from RL - Denny's advisor/agent thinks he is pulling a fast one, if he is wrong it is Denny who will be paying the price, both financially and career wise. If he is right then rugby league has a huge problem.

[Shameless]

Aid, anyone can resign from their workplace it's a basic right whether you are a cleaner, RL Player or the Prime Minister. I spent over 20 years in the forces and despite being tied to the tightest possible contract I know of Aircrew who resigned and went to work for Commercial airlines because EU regulations state that you can't be tied to a contract of employment longer than the period of time you are paid (in this case monthly). Where I agree is that there are sports governing body regulations in place and probably written into the contract that prohibits them from moving to another club and continue playing for monetary gain. This is why he has claimed to retire and that Union is in fact another career path.
I'm not trying to defend Denny's actions just stating that anyone can resign - the legal debate is what you are entitled to do both contractually and morally after doing so in sport.

[speedy]

Your wrong there Shameless, I was tied to a two year rolling contract, signed and sealed by the company and my own lawyers, to this I had to tell them I was leaving in two years and they were tied to the same, they had the option to pay me off and say good bye but had to pay me 2 yrs pay, Contracts are contracts and irrespective of EU, employment law allows alsorts of contracts, ie zero hours etc

[Tiger53]

Aid, anyone can resign from their workplace it's a basic right whether you are a cleaner, RL Player or the Prime Minister. I spent over 20 years in the forces and despite being tied to the tightest possible contract I know of Aircrew who resigned and went to work for Commercial airlines because EU regulations state that you can't be tied to a contract of employment longer than the period of time you are paid (in this case monthly). Where I agree is that there are sports governing body regulations in place and probably written into the contract that prohibits them from moving to another club and continue playing for monetary gain. This is why he has claimed to retire and that Union is in fact another career path.
I'm not trying to defend Denny's actions just stating that anyone can resign - the legal debate is what you are entitled to do both contractually and morally after doing so in sport.

Absolute nonsense.

The fact that this has happened in a sporting context has very little to do with the matter. This is contract law covered by the law of tort.

If you have a specific contract to provide a service you are obliged to provide that service for the duration of the contract, if you don't you are in breach of contract and third parties who have influenced your decision to breach that contract might also be liable for inducing breach of contract. There is plenty of case law on this, majn precedent being Lumley v Gye (1893). A standard employment contract is very different (although the payment intervals are irrelevant, it is quite common for monthly paid employees to be required to give upto three months notice).

I'm sure that our legal representatives will be more familiar with this principle than me or the majority of people on here are and I'm sure this will be the basis of our claim.

However, if you need proof of this in similar circumstances then I would suggest you check the details of Canterbury Bankstown's case against Sonny Bill Williams and others (Toloun and his agent). This was conducted in the way oullined above and resulted in an out of court settlement that saw CB receive £300k.

[gateman]

Contracts are not worth the paper they are written on if Denny can just walk away, last year this club rightly paid nearly half its wage bill on players that were injured for long periods of time if Denny had been one of these players he would have banked his cheque every month because he was contracted , contracts are made to protect the player and club, I still can not see this going to court legal costs can soon run into 10S of thousands of pounds with the result in dought

[Shameless]

Guys i'm no legal expert and i respect what you are saying but I still believe anyone can 'retire' from their job and regardless of what may be written into the contract there is very little that is legally enforceable. I too have a 3 month contract but if I retired tomorrow and cleared my desk I am of the opinion that at best the Company could legally ensure I didn't go and work for another Company as I am still contracted to them thus force a period 'gardening leave'.
I still think the actual act of Denny resigning is a moot point in this situation. The question is do the RFL have enforceable agreements with the RFU that a retired player from one sport can't take up a role in the other. FIFA and the NFL have this covered watertight which is why players can't retire from one club and sign for another, as for the RFL .....

Let me ask this - if Denny said he was no longer able or willing to play RL and resigned then went and got a job at B&Q what action could Cas then take? If the answer is very little apart from giving no reference then the same thing applies in this situation UNLESS there is (should) be a cross code agreement.

[fast hands]

I am sure guys on here are getting mistaken between, a contract of employment and, a contract of obligation. I am sure there are learned scholars on this forum who will define between the two for such as myself.

[Beth]

Guys i'm no legal expert and i respect what you are saying but I still believe anyone can 'retire' from their job and regardless of what may be written into the contract there is very little that is legally enforceable. I too have a 3 month contract but if I retired tomorrow and cleared my desk I am of the opinion that at best the Company could legally ensure I didn't go and work for another Company as I am still contracted to them thus force a period 'gardening leave'.
I still think the actual act of Denny resigning is a moot point in this situation. The question is do the RFL have enforceable agreements with the RFU that a retired player from one sport can't take up a role in the other. FIFA and the NFL have this covered watertight which is why players can't retire from one club and sign for another, as for the RFL .....

Let me ask this - if Denny said he was no longer able or willing to play RL and resigned then went and got a job at B&Q what action could Cas then take? If the answer is very little apart from giving no reference then the same thing applies in this situation UNLESS there is (should) be a cross code agreement.

Rugby players are under very different contracts than you and I though - I'll just refer to the Sonny Bill Williams case as an example. In summing up (remember, his club won for breach of contract) it was stated "because star rugby league players, as with entertainers, perform work under "special services" contracts, courts are more likely to restrain them from breaching negative covenants in their contracts not to perform special services for other employers"

[Shameless]

Thanks Beth and I think that does go to the root of the issue here. As he is performing a 'special service' for RL I agree that by playing in RU he should be held accountable and there should be a fee due to Cas. Again though this refers to how a court will view a player retiring from RL and going to RU. My point still stands that Denny's right to no longer offer his services and retire is not the root issue here, it's what he does after that which should be ruled on.

[Shameless]

More to the point can any of you guys tell me if he is a UK citizen or not? If he isn't then by retiring from his permitted occupation then surely he will be in breach of his work Visa.

Is Solomona still on a Visa or does he have full UK Citizenship?

If he is on a Visa that will have been as an RL Player and if he has retired the Visa should expire.

I can't go to Australia as a plumber, retire and start working as an electrician on the same work Visa.

[fast hands]

Rugby players are under very different contracts than you and I though - I'll just refer to the Sonny Bill Williams case as an example. In summing up (remember, his club won for breach of contract) it was stated "because star rugby league players, as with entertainers, perform work under "special services" contracts, courts are more likely to restrain them from breaching negative covenants in their contracts not to perform special services for other employers"[/quote]

Beth I think if Sale and Solomona were shown the reference to the Sonny Bill Williams case they surely won't carry on with the we can sign him for nothing scenario. It is going to be an expensive move for both, only trouble now is the law firms, who will want their money now they are involved , and I am sure they will drag it out longer than needs be.
.

[gateman]

we can talk all day what we all think, , but the RUGBY LEAGUE can not afford to loose a case like this, hence them declaring their backing for us , I do hope they are putting their money were their mouth is