No more Davis threads - out for season

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  • ROK Lobster
    RWO Life Member
    • Aug 2004
    • 8658

    Originally posted by connolly
    Thats a bit rich coming from you.
    You are wrong in regard to trust and confidence. If an employees conduct breaches an essential term of a contract it can be terminated.
    Davis contract should be terminated. How did you go with the references?
    I read two of the cases. Neither support your argument.

    If an employee breaches an essential term of their employment contract, the contract can be terminated. I doubt Davis has. I also doubt the players' association would allow a clause in any player's contract the prohibited them from negotiating with another club during the period of their employment.

    Comment

    • connolly
      Registered User
      • Aug 2005
      • 2461

      Originally posted by ROK Lobster
      I read two of the cases. Neither support your argument.

      If an employee breaches an essential term of their employment contract, the contract can be terminated. I doubt Davis has. I also doubt the players' association would allow a clause in any player's contract the prohibited them from negotiating with another club during the period of their employment.
      The cases establish the term exists. How it is read into a contract depends on the cirmstances of the contract. So you reckon it doesn't generate instability in a club for players to be having secret chats to the opposition on the eve of critical matches. If you don't accept that the courts would free kick it, lets take a poll of the us the mugs who support this game and determine what the supporters think? And lets reward deviousness, deliberately misleading press releases and the attempt to take us all for a ride.
      Bevo bandwagon driver

      Comment

      • ROK Lobster
        RWO Life Member
        • Aug 2004
        • 8658

        Originally posted by connolly
        The cases establish the term exists. How it is read into a contract depends on the cirmstances of the contract. So you reckon it doesn't generate instability in a club for players to be having secret chats to the opposition on the eve of critical matches. If you don't accept that the courts would free kick it, lets take a poll of the us the mugs who support this game and determine what the supporters think? And lets reward deviousness, deliberately misleading press releases and the attempt to take us all for a ride.
        I do not think that there is a tribunal in Australia that would imply an essential term into a contract of any sort. What the supporters think is irrelevant. The only thing less relevant is what is written in the paper.

        Comment

        • connolly
          Registered User
          • Aug 2005
          • 2461

          Originally posted by ROK Lobster
          I do not think that there is a tribunal in Australia that would imply an essential term into a contract of any sort. What the supporters think is irrelevant. The only thing less relevant is what is written in the paper.
          Well im getting a box of jaffas and getting dress circle seats. The Davis and the Bloods melodrama has only just started.
          Bevo bandwagon driver

          Comment

          • reigning premier
            Suspended by the MRP
            • Sep 2006
            • 4335

            I think you two should just get a room... Turn out the lights, and go your hardest on each other. Whatever happens, happens, but just leave it in the room.

            With that resolved. Now can we get back on topic?

            Comment

            • Pace To Burn
              On the Rookie List
              • Jul 2007
              • 748

              Im not sure what is in an AFL contract but i know that in the contracts we have at our club it stipulates that a player may not Play or promote any game for any other club without the permission of the club or negotiate with any other club until their current contract has expired, which for us is always after the season has finished. Im pretty sure it would be the same for the AFL. Wether you can prove it happened or not is another thing, although its strange that his manager seems to be flaunting it in public as he doesnt think it is a problem coming from RL where they sign up for other clubs a year in advance. Is it diff though to clubs trading players without their knowledge
              (as has happened in the past) while they are on end of season trips. At the end of the day if the club dont want him and he wants out and is out of contract let him talk too whoever he likes and lets concentrate on trying to figure out how the @@@@ we can beat GEELONG
              The edge is not the limit, It's just the starting point...

              Comment

              • CJK
                Human
                • Apr 2006
                • 2170

                nickdavislol
                -

                Comment

                • connolly
                  Registered User
                  • Aug 2005
                  • 2461

                  Originally posted by Pace To Burn
                  Im not sure what is in an AFL contract but i know that in the contracts we have at our club it stipulates that a player may not Play or promote any game for any other club without the permission of the club or negotiate with any other club until their current contract has expired, which for us is always after the season has finished. Im pretty sure it would be the same for the AFL. Wether you can prove it happened or not is another thing, although its strange that his manager seems to be flaunting it in public as he doesnt think it is a problem coming from RL where they sign up for other clubs a year in advance. Is it diff though to clubs trading players without their knowledge
                  (as has happened in the past) while they are on end of season trips. At the end of the day if the club dont want him and he wants out and is out of contract let him talk too whoever he likes and lets concentrate on trying to figure out how the @@@@ we can beat GEELONG
                  The really interesting bit is that Swann blew the whistle on Thompson after the game. I would think there is enough evidence to boot Davis now. In fact the club has little choice. Whether we pay out his contract or terminate him would be in the hands of the club lawyers.
                  Bevo bandwagon driver

                  Comment

                  • NMWBloods
                    Taking Refuge!!
                    • Jan 2003
                    • 15819

                    This seems (unsurprisingly) so ridiculously over the top. Although players don't get shopped around to be traded mid season they do frequently sound out other clubs for potential trades to be actioned for the following season.

                    In most work places an employee is free to talk to other companies without needing to discuss it with his employer.
                    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 Pace To Burn
                      Im not sure what is in an AFL contract but i know that in the contracts we have at our club it stipulates that a player may not Play or promote any game for any other club without the permission of the club or negotiate with any other club until their current contract has expired, which for us is always after the season has finished. Im pretty sure it would be the same for the AFL. Wether you can prove it happened or not is another thing, although its strange that his manager seems to be flaunting it in public as he doesnt think it is a problem coming from RL where they sign up for other clubs a year in advance. Is it diff though to clubs trading players without their knowledge
                      (as has happened in the past) while they are on end of season trips. At the end of the day if the club dont want him and he wants out and is out of contract let him talk too whoever he likes and lets concentrate on trying to figure out how the @@@@ we can beat GEELONG
                      Do you play football for a living, or for pocket money?

                      Comment

                      • bedford
                        forward coach
                        • Nov 2007
                        • 362

                        Originally posted by ScottH
                        You know more?
                        I was told by a source conected to the club,that it is a knee injury that is now not a injury.
                        Reading between the lines i reckon he's GONE.
                        The club is leaving it as is because they will want to get something for him,so if they piss him off now his value will be going further down the shute.
                        Greg Swanns big mouth didn't help

                        Comment

                        • connolly
                          Registered User
                          • Aug 2005
                          • 2461

                          Originally posted by NMWBloods
                          This seems (unsurprisingly) so ridiculously over the top. Although players don't get shopped around to be traded mid season they do frequently sound out other clubs for potential trades to be actioned for the following season.

                          In most work places an employee is free to talk to other companies without needing to discuss it with his employer.
                          One of the blights (pun intended) of the NRL is the mid season player shop. It destroys public confidence in the integrity of the game. If you think thats OK because the golden haired boy has been exposed as an uncommitted cynical shafter of the club, i suggest that almost all Bloods supporters would disagree. He was dropped for lack of committment wasn't he? He'll be booted for the same reason.
                          Bevo bandwagon driver

                          Comment

                          • NMWBloods
                            Taking Refuge!!
                            • Jan 2003
                            • 15819

                            Originally posted by connolly
                            One of the blights (pun intended) of the NRL is the mid season player shop. It destroys public confidence in the integrity of the game. If you think thats OK because the golden haired boy has been exposed as an uncommitted cynical shafter of the club, i suggest that almost all Bloods supporters would disagree.
                            None of what you said addresses my post.
                            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

                            • 2005
                              : IN THE OUTER :
                              • Dec 2007
                              • 604

                              Gee I cant wait till Nick Davis is gone from the club.

                              Cant believe people just keep on banging on about him.
                              Est 1874
                              SMFC
                              09.18.33.2005

                              Comment

                              • ugg
                                Can you feel it?
                                Site Admin
                                • Jan 2003
                                • 15970


                                Official AFL Website of the Sydney Swans > News Article > Swans to ask Carlton for Davis apology


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