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SBW to Make Legal challenge on Salary Cap

Discussion in 'Rugby League Forum' started by Canteen Worker, Jul 29, 2008.

  1. Canteen Worker

    Canteen Worker Well-Known Member 2016 Tipping Competitor

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    Reported just now that SBW is to legally challenge the salary cap as restraint of trade. Some pundits give him a chance of success. It would be drawn out and take years but it would blow apart sport in this country for the worse. Irony is that it is News Ltd who changed the shape of League forever with the SuperGreed debacle that led to inflated salaries for some of the draft horses playing the game a battle for the hearts and minds of the public.

    I can't see how the case could win - as the clubs decide how much to pay - they just use the cap as the excuse. I also think that this is SBW's bluff to try and justify his behaviour and bastardry, something that is hard to do when you just up and leave your team-mates and fans. As for that Nasser claiming he is no longer manager despite the fact that he was negotiating for SBW the day before, just exposes his credibility.
     
  2. Dan

    Dan Administrator Staff Member Administrator 2016 Tipping Competitor

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    Not a chance in hell he will win.

    Especially after he signed an agreement to say he accepted the money he is on.

    Trade is not being stopped it is limited but it is the same as the interest rates being set at certain rates by the RBA not a restraint of trade at all!

    Sonny take your medicine!
     
  3. Berkeley_Eagle

    Berkeley_Eagle Current Status: 24/7 Manly Fan 2016 Tipping Competitor

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    If he does win it will mean every player in the NRL will automaticly become free agents
     
  4. fLIP

    fLIP UFO Hunter

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    As far as I am aware, any contract that stipulates that you 'cannot' trade to your full potential is illegal. He will win, but at what cost.

    He could go down as the bloke that ****ed australian sport. What a douche.
     
  5. Kiwi Eagle

    Kiwi Eagle Moderator Staff Member 2016 Tipping Competitor

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    Even if he does win, with the NRL run as a business, and with all the control over the licenses, couldn't they effectively just invite the clubs willing to operate under the cap to participate if the worst case happened ?
     
  6. Matabele

    Matabele Well-Known Member

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    Would Manly be one of those?  How deep are the Penn/Delmege pockets?
     
  7. Canteen Worker

    Canteen Worker Well-Known Member 2016 Tipping Competitor

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    The NRL will fight this to the teeth and it could drag out to months and longer due to the importance of it. Does SBW want to spend every one of his millions from France on this case.

    Stupidly it won't change a thing as he will still be in breach of a contract signed with the Dogs and it will only help others - not him. Maybe a red herring unless he has the backing of a heck of a lot of players and managers.

    In the end it will kill league should if it went ahead and he won as about six to eight clubs would fold in fairly quick time.

    I can just see it - Broncos v Roosters, Gold Coast and  Panthers every week!

    No Melbourne as News could not support them. TV revenue will drop them as noone will watch 6 teams and they will continue to lose money. No Manly, No Tigers, No Dragons, Cowboys are on the nose and would fold, Souths - gone. Maybe Parra and Auckland could hang in for a while but eventually they would fold. In the end there would be a small amount a players, a game ruined and not much money to pay anyone. Great result!!!
     
  8. Dan

    Dan Administrator Staff Member Administrator 2016 Tipping Competitor

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    maybe we will get our 1980's working class game back. Late 70's and 80's were when people playedfor the love and passion of the game not the paycheck. It could be good
     
  9. Ron E. Gibbs

    Ron E. Gibbs Well-Known Member

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    If the NRL salary cap is challenged as a restraint of trade there is a very good chance it will fall. Restraint of trade is a notoriously fuzzy area of contract law. Common law courts do their best to uphold valid contractual arrangements but they also don't like clauses that limit a person's ability to ply his or her trade. There's not a hell of a lot of precedent, and much of it is contradictory. According to some, a voluntary salary cap is legal while a player draft isn't. Others think even a cap is illegal. The current NRL salary cap has never been put to the test. It only exists because, so far, nobody has challenged it.
     
  10. Dan

    Dan Administrator Staff Member Administrator 2016 Tipping Competitor

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    However it isn't a restraint of trade. SBW was still able to trade and play and accept dollar amounts. Bulldogs could have offered him 2 million a year, and then bought a bunch of nuffies, but everyone is given a fair amount

    The reality of the situation is he just isn't good enough to dictate those amounts and there just isn't enough money in the game to justify it.

    It is the same as saying the club only has $5 million to their name, that is a restraint of trade because I want $6million
     
  11. Kiwi Eagle

    Kiwi Eagle Moderator Staff Member 2016 Tipping Competitor

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    Heard Gallop and also Matt Rodwell on the radio this morning

    Gallop was confident that the cap was in the best public interests or words to that effect

    Rodwell said that even if SBW won the case, the dropping of the salary cap would go in front of a vote of the players association, which may keep it, because no salary cap = less jobs available so all the guys at the lower end of the scale may stick together
     
  12. Dan

    Dan Administrator Staff Member Administrator 2016 Tipping Competitor

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    What it comes down to is how dare one man believe they are bigger than the game and better than all the others put together.

    I am sick of this crap in the news, forget about him and move on to Manly being at the top of the table/

    This is probably an orchestrated thing to keep Manly out of the news. Well done Des in having us fly under the radar
     
  13. Matabele

    Matabele Well-Known Member

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    Well he was born after 1980 ......
     
  14. Dan

    Dan Administrator Staff Member Administrator 2016 Tipping Competitor

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    Well he was born after 1980 ......
    [/quote]

    Gen X depending on which pop psychologist you defer to can go up to 82, so no biggy!

    I am 81 but neither here nor there, because essentially this generation pop psych BS is not something I subscribe to, but from your strong support of it, I take it you herd cats in your spare time.
     
  15. Matabele

    Matabele Well-Known Member

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    I herd cats for a job sweety.  ;)
     
  16. Dan

    Dan Administrator Staff Member Administrator 2016 Tipping Competitor

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    ah a cat wrangler. Your continued comments tend to lean towards a beige, black and white.
     
  17. clontaago

    clontaago Well-Known Member

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    DOG ACT. If he wasnt happy with what the Bulldogs offered him he should never have signed the contract.

    At some stage, he was rubbing his hands together and saying, "Sweet as Bro, now I ken buy all doze Scribe CD's I have bin henging out for"

    Then his team fall in a heap and he decides its not enough and he runs off to France.

    DOG ACT
     
  18. Chip and Chase

    Chip and Chase True Supporter Staff Member Administrator Premium Member 2016 Tipping Competitor

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    What is the difference between a salary cap and company / govt department budget ? Most companies don't pay through the nose for their staff, nor are they in the habit of employing more people then are necessary (some may say that the opposite is in fact what happens). Sure we would all like to think we are worth more than we get, but market forces dictate actual wages/salaries. I guess he needs to get some of the NRL CEO's to stand up in court and say that they would pay well above the salary cap if they could. I doubt any of them would.
     
  19. Matabele

    Matabele Well-Known Member

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      you are clearly of the generation that struggle to comprehend the concept of generalisation.  :p
     
  20. Matabele

    Matabele Well-Known Member

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    Yes, but it is common knowledge that DFAT have the biggest budget and poach whoever they want from other departments ..........
     

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