Goodbye Tadhg!

[AnnieH]

What a load of s.h.i.t.e (I think that's how they say it in Gaelic!).

The boy has signed a contract. I hope he's got the money for lawyers to get him out of it.

[ROK Lobster]

Well why not. According to some legal lions on this site contracts with Sydney Football Club have no force and are written on dunny paper. As soon as the strains of Danny Boy pull the heart strings its back to Galway Bay. Its about time the club got serious aboput its contracts.

There is a difference between an enforceable contract and remedies for breach. No court or tribunal would order specific performance of an employment contract. Actual damages (especially for an untried Irish kid) are impossible to quantify. And the grounds for an award exemplary or punitive damages are so narrow and so dependant on minute details of fact as to make that option a commercial nonsense.

If Tadhg goes, he goes. There is nothing that will be able to be done. A contract should be seen as a set of conditions regularising a relation while it exists, not a means of maintianing that relationship.

[stephenite]

If the source is from Tyrone then save us all the trouble.

I can aussure that it's not from Tyrone, I'm not from anywhere near there - it actually came from a Listowel man (Kenelly's home town), but the gist of it was that he's been offered a job with the GAA.

Like anything else in Ireland, believe half of what you see and none of what you hear. I'd be surprised if he walked out and left the Swans mid-contract, for all his time here I'd expect a bit more loyalty from the man to the club and it's fans.

But would the Swans release him?

[DST]

Problem is, that article doesn't really clarify if Kenellly's brother is getting this wrong or not.

I have no doubt that Tadgh will be sitting down with Roos this week to confrim that he will be leaving but I reckon his brother has got it mixed up as to what point.

He will be confirming that he will be leaving now, but at the end of the year as he has indicated all along.

Don't forget he would be giving up $350,000 + for just another 9 months work.

DST

[connolly]

There is a difference between an enforceable contract and remedies for breach. No court or tribunal would order specific performance of an employment contract. Actual damages (especially for an untried Irish kid) are impossible to quantify. And the grounds for an award exemplary or punitive damages are so narrow and so dependant on minute details of fact as to make that option a commercial nonsense.

If Tadhg goes, he goes. There is nothing that will be able to be done. A contract should be seen as a set of conditions regularising a relation while it exists, not a means of maintianing that relationship.

Exemplary damages are damages at large. They are not dependent on specified details of loss. Recent exemplary damages orders have exceeded $100,000 in the NSW Supreme Court. A breach of contract (which is what Kenneally would do by walking out on the club) provides the grounds for claims in damages. The issue is - does this present club adminstration have the testicular ticker to act and initiate proceedings against those who breach their contract and those who urge them on. On past performance (Coney "Exhibit A") apparently not. The worst thing about the abject weakness of the SFC Board is the encouragement it gives to others to have a crack at walking away. In the current post-premiership rebuilding environment we need an administration that is willing to get serious about contractual obligations to the club. We have had the farcical situation of Davis openly hawking his faded glory to an opposition club on the ground before the start of a match (not even a rhetorical censure), an incompetent manager making mugs of us and his "client" (Davis again), a youngster thumbing his nose at his obligations with no response apart from a limp wristed press release and now the possibility of losing a very good player. Colless and co seem to believe that strong administration is stiffing the club's loyal supporters while being as weak as a Nick Davis tackle in regard to enforcing our contractual rights.

[connolly]

Problem is, that article doesn't really clarify if Kenellly's brother is getting this wrong or not.

I have no doubt that Tadhg will be sitting down with Roos this week to confrim that he will be leaving but I reckon his brother has got it mixed up as to what point.

He will be confirming that he will be leaving now, but at the end of the year as he has indicated all along.

Don't forget he would be giving up $350,000 + for just another 9 months work.

DST

If that is true that the GAA (scabs and shafters to a man) has induced Kenneally to breach his contract by offering him a job then we must act. Colless has brought this on the club by not taking justified strong action against Coney and Tyrone. Weakness breeds contempt. And we are being treated with contempt in Ireland right now.

[connolly]

A contract should be seen as a set of conditions regularising a relation while it exists, not a means of maintianing that relationship.

What you are talking about is a marriage. A consensual agreement concerning terms. Contracts are institutionally enforced promises where courts determine the obligations of parties on an objective basis. The will theory of contract law went out with place kicks and ankle high boots.

[ROK Lobster]

What you are talking about is a marriage. A consensual agreement concerning terms. Contracts are institutionally enforced promises where courts determine the obligations of parties on an objective basis. The will theory of contract law went out with place kicks and ankle high boots.

No, I'm taking about the law in practise, not in your old text books.

[ROK Lobster]

Weakness breeds contempt.

Not as quickly as ignorance.

[stephenite]

If that is true that the GAA (scabs and shafters to a man) has induced Kenneally to breach his contract by offering him a job then we must act. Colless has brought this on the club by not taking justified strong action against Coney and Tyrone. Weakness breeds contempt. And we are being treated with contempt in Ireland right now.

Sigh - the sheer ignorance is indeed, rather depressing.

[connolly]

Sigh - the sheer ignorance is indeed, rather depressing.

It is indeed depressing to be slapped around by the GAA.

[humphrey bear]

Will pull the pin today.

[Emerald Hill]

Melbourne radio station SEN is broadcasting that Tadgh's retirement will be announced today at a press conference!

[Jeffers1984]

faaaaaark.

[johnno]

Melbourne radio station SEN is broadcasting that Tadhg's retirement will be announced today at a press conference!

Yep, I heard it on SEN this morning too whilst shaving Emarald. It is dissapointing in a way, but I guess the only positive you can get out of it is it really isnt that different to losing him now or at the end of the year. He apparently feels his body isnt up to it to go around another year in the AFL.