Legal Ramifications
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- BackFromUSA
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Legal Ramifications
I would think the Club will be looking at their legal options ASAP.
I have no access to the actual contract but I review commercial contracts and employment contracts in my business and understand these clauses.
The much trumpted get out clause would have restrictions to it (more than just a 3 month notice period) and it would typically come into effect only for some form of non-performance on the contract by Club, which I doubt is the current case and was certainly not raised as an issue at all.
I highly doubt the get out clause reads - you can leave whenever you want and all you have to do is call our CEO in the afternoon and leave straight away and be appointed by one of our rivals.
Working on the assumption that the club did not fail in their contract obligations, this would mean that the club holds a valid contract with RL.
What does that mean?
1) St Kilda could look at getting a court injunction preventing Lyon from coaching elsewhere if he is not willing to perform his contracted duties at the club
2) St Kilda could look at suing Fremantle for inducing this contract breach in a part of contract law known as "tortious interference"
If my assumptions are correct:
* Fremantle could be coach-less in 2012
* St Kilda may get a nice pay day from Fremantle
I can only pray.
I have no access to the actual contract but I review commercial contracts and employment contracts in my business and understand these clauses.
The much trumpted get out clause would have restrictions to it (more than just a 3 month notice period) and it would typically come into effect only for some form of non-performance on the contract by Club, which I doubt is the current case and was certainly not raised as an issue at all.
I highly doubt the get out clause reads - you can leave whenever you want and all you have to do is call our CEO in the afternoon and leave straight away and be appointed by one of our rivals.
Working on the assumption that the club did not fail in their contract obligations, this would mean that the club holds a valid contract with RL.
What does that mean?
1) St Kilda could look at getting a court injunction preventing Lyon from coaching elsewhere if he is not willing to perform his contracted duties at the club
2) St Kilda could look at suing Fremantle for inducing this contract breach in a part of contract law known as "tortious interference"
If my assumptions are correct:
* Fremantle could be coach-less in 2012
* St Kilda may get a nice pay day from Fremantle
I can only pray.
AwayInUSA no longer ... have based myself back in Melbourne for a decade of Saintsational Success (with regular trips back to the USA)
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Won't happen. The club is afraid to get the lawyers involved when it comes to the match review panel, so why would they get involved with real legal issues?
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We should take legal action to delay him acting as Freo coach for that 3 months.
Only symbolic.
But might really annoy him.
And make him realise there is a price for his treachory.
Only symbolic.
But might really annoy him.
And make him realise there is a price for his treachory.
The rest of Australia can wander mask-free, socialise, eat out, no curfews, no zoning, no police rings of steel, no illogical inconsistent rules.
They can even WATCH LIVE FOOTY!
They can even WATCH LIVE FOOTY!
How is it any different to Thompson leaving Geelong with a year to run on his contract, if my memory serves me correctly?Teflon wrote:Lets get some purple cash.
They got plenty to splash round obviously...
But in all seriousness........would be nice to set a strong precedent here....dont like where footy is heading with this.
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Had Thompsons management and Cats acted in good faith believing they had a deal on the table only to be blindsighted by a money hungry grub in the background?battye wrote:How is it any different to Thompson leaving Geelong with a year to run on his contract, if my memory serves me correctly?Teflon wrote:Lets get some purple cash.
They got plenty to splash round obviously...
But in all seriousness........would be nice to set a strong precedent here....dont like where footy is heading with this.
Was Thompson retiring players a week prior to leaving?
Thompson left Cats cause he didnt want the top job anymore and was burnt out after 2 Flags and 10 years?
Lyon left for cash with list a rabble - the circumstances are nowhere near the same.
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- BackFromUSA
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different because Thompson:
a) left saying he was taking a break and had no job - Geelong let him go
b) time lapsed
c) pretended to just waltz in and say to Essendon he was interested
d) didnt take up position as head coach
A very well stage managed process to avoid the legal issues above
Lyon and Fremantle ... not the same at all
a) left saying he was taking a break and had no job - Geelong let him go
b) time lapsed
c) pretended to just waltz in and say to Essendon he was interested
d) didnt take up position as head coach
A very well stage managed process to avoid the legal issues above
Lyon and Fremantle ... not the same at all
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Thompson left Geelong by mutual agreement and then shafted them after he waited out the 3 months following the contract.
Pretty sure that we would have a good case to get some compo from Freo for induced breaking of contract.
Doubt it would need to come to a court case, but why not grab a couple of hundred 'G's.
Pretty sure that we would have a good case to get some compo from Freo for induced breaking of contract.
Doubt it would need to come to a court case, but why not grab a couple of hundred 'G's.
Hird... The unflushable one is now... just a turd...
- meher baba
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Sorry, I didn't mean it that way. I agree there seems to be more deceit in this case, but I meant in response to your comment of "the way footy is heading" this isn't exactly uncharted territory.Teflon wrote:Had Thompsons management and Cats acted in good faith believing they had a deal on the table only to be blindsighted by a money hungry grub in the background?battye wrote:How is it any different to Thompson leaving Geelong with a year to run on his contract, if my memory serves me correctly?Teflon wrote:Lets get some purple cash.
They got plenty to splash round obviously...
But in all seriousness........would be nice to set a strong precedent here....dont like where footy is heading with this.
Was Thompson retiring players a week prior to leaving?
Thompson left Cats cause he didnt want the top job anymore and was burnt out after 2 Flags and 10 years?
Lyon left for cash with list a rabble - the circumstances are nowhere near the same.
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- Verdun66
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http://www.saintsational.com/forum/view ... hp?t=72435
I put it in another thread. They would surely have to buy out his contract, having encouraged him to break ours.
That'll teach him to negotiate his own deal!
I put it in another thread. They would surely have to buy out his contract, having encouraged him to break ours.
That'll teach him to negotiate his own deal!
- BackFromUSA
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agreed that the inducing contract breach will probably normally get settled ... probably for $200,000 to $300,000 ... but if Saints want to cause nuicense value rather than actual compensation ... wellit could hit court ... and we would win not only $s but send a very strong message.
As for a court injunction ... that would be a very interesting case and a huge disruption to Fremantle. Need to get it in place before we appoint a head coach and then let them fight to get the injunction lifted. The legal battle could prevent Lyon from coaching them for 3 to 6 months easily.
As for a court injunction ... that would be a very interesting case and a huge disruption to Fremantle. Need to get it in place before we appoint a head coach and then let them fight to get the injunction lifted. The legal battle could prevent Lyon from coaching them for 3 to 6 months easily.
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Not too sure about where the footy world stands on this.meher baba wrote:The entire footy world would turn against us. The club would be put info even greater turmoil.
Watching the footy show tonight, I reckon there's a fair few who aren't going to be looking so kindly on RL for knifing so many in the back.....
In particular, whilst I think he's a tool, Mark Harvey is a footy man who I'm quite sure has plenty of Melbourne footy friends who will be seeing how hurt he is....
The next few days will be interesting...
My hope is that the club comes out defiant, angry and determined to diligently go about finding the new man.
Hird... The unflushable one is now... just a turd...
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Thompson won two premiershipsBackFromUSA wrote:different because Thompson:
a) left saying he was taking a break and had no job - Geelong let him go
b) time lapsed
c) pretended to just waltz in and say to Essendon he was interested
d) didnt take up position as head coach
A very well stage managed process to avoid the legal issues above
Lyon and Fremantle ... not the same at all
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Our Vice President, Ross Levin is one of the top Employment Law experts in the country. The problem is that he has been over-ruled by the Board before when he suggested we sue KD !!Sainterman wrote:Who does the legal work for the club?
I wonder how tight that contract is in the end.
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That was a correct decision and not doing any legal stuff here would also be the correct decision.Eastern wrote:Our Vice President, Ross Levin is one of the top Employment Law experts in the country. The problem is that he has been over-ruled by the Board before when he suggested we sue KD !!Sainterman wrote:Who does the legal work for the club?
I wonder how tight that contract is in the end.