If you want to talk about Ben Cousins, post it here (mega merged thread)

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  • 573v30
    On the bandwagon...
    • Sep 2005
    • 5017

    Agree. No point keeping such a bad influence in the club when the chances of Cousins getting into more trouble are quite high.
    I only support one team: The SYDNEY SWANS!!!!! :adore

    Comment

    • Layby
      Suspended by the MRP
      • May 2006
      • 1803

      It amazes me how ignorant people really are about the workings of the legal system. Yet somehow they feel they are qualified to comment, too many legal shows on the television i think.

      Comment

      • ScottH
        It's Goodes to cheer!!
        • Sep 2003
        • 23665

        Originally posted by Layby
        It amazes me how ignorant people really are about the workings of the legal system. Yet somehow they feel they are qualified to comment, too many legal shows on the television i think.
        I feel this way about lawyers as well.

        Comment

        • AnnieH
          RWOs Black Sheep
          • Aug 2006
          • 11332

          Originally posted by ROK Lobster
          Do the rules of evidence apply in the Industrial Relations Tribunal? Is "just cause" a defence to unfair dismissal or are you envisaging a common law act for breach of contract? And what do you think about an action for restraint of trade under the Trade Practices Act? I would be also interested to hear if you consider that the club owe Cousins a duty of care. There are those on RWO who consider that they do not but I would consider that to be a fundamental misunderstanding of the law. What's your opinion Robbie?
          Joe Blow on an every-day employment contract gets three written warnings from his boss before he gets the sack - it's part of the terms and conditions of his contract. He gets his three warnings, then gets the sack. The company owe him nothing.

          The criminals had a legal and binding employment contract with disgraced ex-west coast eagles fallen star ben cousins that stipulated very specific terms and conditions for his employment. He broke those terms and conditions and suffers the consequences. They owe him nothing (yet have looked after him well and above the "normal" duty of care).
          Wild speculation, unsubstantiated rumours, silly jokes and opposition delight in another's failures is what makes an internet forum fun.
          Blessed are the cracked for they are the ones who let in the light.

          Comment

          • NMWBloods
            Taking Refuge!!
            • Jan 2003
            • 15819

            Originally posted by Annie Haddad
            Joe Blow on an every-day employment contract gets three written warnings from his boss before he gets the sack - it's part of the terms and conditions of his contract. He gets his three warnings, then gets the sack. The company owe him nothing.
            That's incorrect. The 'typical' employment contract simply requires 4-weeks notice from either employer or employee - no requirement for warnings or reasons. Term contracts, which the AFL players are under, are not the same though.
            Captain Logic is not steering this tugboat.

            "[T]here are things that matter more and he's reading and thinking about them: heaven, reincarnation. Life and death are the only things that are truly a matter of life and death. Not football."

            Comment

            • NMWBloods
              Taking Refuge!!
              • Jan 2003
              • 15819

              Originally posted by Layby
              It amazes me how ignorant people really are about the workings of the legal system. Yet somehow they feel they are qualified to comment, too many legal shows on the television i think.
              I feel I could run a criminal trial... I've watched so much L&O I think I'd have no problem as a prosecutor, although only in the US...
              Captain Logic is not steering this tugboat.

              "[T]here are things that matter more and he's reading and thinking about them: heaven, reincarnation. Life and death are the only things that are truly a matter of life and death. Not football."

              Comment

              • AnnieH
                RWOs Black Sheep
                • Aug 2006
                • 11332

                Originally posted by NMWBloods
                That's incorrect. The 'typical' employment contract simply requires 4-weeks notice from either employer or employee - no requirement for warnings or reasons. Term contracts, which the AFL players are under, are not the same though.
                Please don't jump down my throat and say "that's incorrect". The one you describe is more of a "white collar" contract. The one I described was more of a blue collar one.

                Different employment terms and conditions apply for different industries - they're not all the same.

                I realise that AFL term contracts are not the same as Joe Blows - my point was that there is a contract involved nonetheless, that he had to abide by. He didn't, so he got the sack.
                Wild speculation, unsubstantiated rumours, silly jokes and opposition delight in another's failures is what makes an internet forum fun.
                Blessed are the cracked for they are the ones who let in the light.

                Comment

                • NMWBloods
                  Taking Refuge!!
                  • Jan 2003
                  • 15819

                  Originally posted by Annie Haddad
                  Please don't jump down my throat and say "that's incorrect". The one you describe is more of a "white collar" contract. The one I described was more of a blue collar one.

                  Different employment terms and conditions apply for different industries - they're not all the same.

                  I realise that AFL term contracts are not the same as Joe Blows - my point was that there is a contract involved nonetheless.
                  I'm not jumping down your throat. I am saying that based on a comment a friend of mine made. He is an IR solicitor and said that is a common misperception of most employment contracts.
                  Captain Logic is not steering this tugboat.

                  "[T]here are things that matter more and he's reading and thinking about them: heaven, reincarnation. Life and death are the only things that are truly a matter of life and death. Not football."

                  Comment

                  • ROK Lobster
                    RWO Life Member
                    • Aug 2004
                    • 8658

                    Originally posted by Annie Haddad
                    I realise that AFL term contracts are not the same as Joe Blows - my point was that there is a contract involved nonetheless, that he had to abide by. He didn't, so he got the sack.
                    At what point does the club or the AFL cease to owe Cousins a duty of care?

                    Comment

                    • AnnieH
                      RWOs Black Sheep
                      • Aug 2006
                      • 11332

                      Originally posted by ROK Lobster
                      At what point does the club or the AFL cease to owe Cousins a duty of care?
                      The minute they sacked him (delisted/deregistered).

                      Have you ever been fired from a job? What duty of care did the company firing you have after they fired you?
                      Wild speculation, unsubstantiated rumours, silly jokes and opposition delight in another's failures is what makes an internet forum fun.
                      Blessed are the cracked for they are the ones who let in the light.

                      Comment

                      • Layby
                        Suspended by the MRP
                        • May 2006
                        • 1803

                        Originally posted by Annie Haddad
                        The minute they sacked him (delisted/deregistered).

                        Have you ever been fired from a job? What duty of care did the company firing you have after they fired you?
                        I think you should wait for that episode before commenting

                        Comment

                        • Layby
                          Suspended by the MRP
                          • May 2006
                          • 1803

                          Originally posted by NMWBloods
                          I'm not jumping down your throat. I am saying that based on a comment a friend of mine made. He is an IR solicitor and said that is a common misperception of most employment contracts.
                          Bully (with a lawyer friend)

                          Comment

                          • AnnieH
                            RWOs Black Sheep
                            • Aug 2006
                            • 11332

                            Originally posted by Layby
                            I think you should wait for that episode before commenting
                            I can't wait that long.

                            Please tell me what duty of care a company owes you once you've been fired - and which company in particular gives it? I want to go and work for them.
                            Wild speculation, unsubstantiated rumours, silly jokes and opposition delight in another's failures is what makes an internet forum fun.
                            Blessed are the cracked for they are the ones who let in the light.

                            Comment

                            • Layby
                              Suspended by the MRP
                              • May 2006
                              • 1803

                              Originally posted by Annie Haddad
                              I can't wait that long.

                              Please tell me what duty of care a company owes you once you've been fired - and which company in particular gives it? I want to go and work for them.

                              Not my job to educate you, keep bumbling along

                              Comment

                              • AnnieH
                                RWOs Black Sheep
                                • Aug 2006
                                • 11332

                                Originally posted by Layby
                                Not my job to educate you, keep bumbling along
                                A non-answer - once again.
                                Wild speculation, unsubstantiated rumours, silly jokes and opposition delight in another's failures is what makes an internet forum fun.
                                Blessed are the cracked for they are the ones who let in the light.

                                Comment

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