Has Tadgh behaved appropriately?

[timthefish]

As they say G14, the filthy lucre speaks all languages.

how does him retiring from 400k a year (a guess) to play in an amateur comp with a job in a pub imply a financial incentive?

[Wardy]

i think they have insurance effectively covering them for life for any ongoing treatment for football related injuries.

I'm not sure of their coverage (I can ask someone at QBE) but if he goes and plays another code in another country, I dont think the Swans would pick up any costs from from the aggravation of a previous injury - I see what you are intimating that like its a kind of workers comp, but there would be huge limitations on it. But that aside, still think its a bit poor that he gets all fixed up, then pulls the pin to go elsewhere.

[timthefish]

I'm not sure of their coverage (I can ask someone at QBE) but if he goes and plays another code in another country, I dont think the Swans would pick up any costs from from the aggravation of a previous injury - I see what you are intimating that like its a kind of workers comp, but there would be huge limitations on it. But that aside, still think its a bit poor that he gets all fixed up, then pulls the pin to go elsewhere.

i think it's fine that he receives treatment for injuries sustained in the absolute gut-busting effort he's given the swans. besides, it's the insurance company not the club that pays.

[Wardy]

i think it's fine that he receives treatment for injuries sustained in the absolute gut-busting effort he's given the swans. besides, it's the insurance company not the club that pays.

you may find they will have an aggregate and to keep premiums down (yes even QBE has to make money ) they may self insure up to a certain amount. it happens. Its not as simple as you think.

[thejones,s]

this supporter was disgusted in the way he went about leaving..could of done at seasons end rather than after all drafts were done..good bye shut the door when you leave

[TheGong]

i think it's fine that he receives treatment for injuries sustained in the absolute gut-busting effort he's given the swans. besides, it's the insurance company not the club that pays.

I have no issue with the club providing treatment for his injuries. However the club paid for treatment in Germany on the basis that the quality of the surgery would enable the quickest return to full training.

If the club knew that he would not be playing this year, they could have arranged surgery in Ireland or Sydney. The treatment would be as good as he received in Germany but there would be no requirement on a minimal recovery time.

[connolly]

i doubt you've read his contract. in regards to his obligations, i'm pretty sure it would have had clauses preventing him playing afl in australia at any level with any other club but not much more than that. the rest would have been stuff like protecting his right to medical treatment and care, conditions of pay and ways in which he could be penalised for sub-par performance and behavoir. i'd like to know what exactly you think was so enforceable, in both theoretical and practical senses. in that, i mean extending your argument beyond assertions, outrage and other bluster.
again, do you wish he'd made a decision before he was sure and had the benefit of three months recovery and medical advice? perhaps you'd rather he played on when he no longer had the desire or confidence in his body to do so?
the timing is regrettable and the way it was done was a bit rude but i think he made the right decision and the response from the club has been appropriate, responsible and dignified.
he's retired from afl like many before him. get over it.

We've been here before. But we do know some of the clauses in his employment contract without reading it. They are terms implied at law in employment contracts in NSW. Principal of these is the term of fidelity and good faith and the term of trust and confidence. Also the High Court has ruled recently that all employment contracts in Australia are fiduciary in their nature. Did Kennelly breach his contract with the club by his actions prior to his termination? Yes he did, particularly in regard to good faith. Does it matter now? Not really because the club elected to accept Kennelly's termination of his contract. But the response of the club has been weak and bordering on negligent. For a club that has a strategy of recruitment out of other codes and countries (Pyke, Murphy etc) its contracts better be stronger than you claim them to be. What if Pyke turns out be the very good player we all hope him to be and then simply walks out mid-contract to play World Cup Rugby for Canada because he simply wants to? And the club meekly issues a touchy feely press release wishing him all the best. If this is the way the club is going to handle its international players we deserve all we get (and don't get). It would be unthinkable in Rugby League or Rugby Union where there is considerable code and country transfers for this amateurish approach to international player contracts to be tolerated. If the club wants to seriously get into international and cross code recruitment and contracting it better start getting serious about negotiating strong and enforcable contracts. And backing them up with action.

[mackemdezzy]

Simple answer is no

[Bas]

If the club knew that he would not be playing this year, they could have arranged surgery in Ireland or Sydney.

I hear Vietnamese hospitals are nice this time of the year. Should have admitted him to a nice private one in Cabramatta.

Time to boil the spud on this one, kick the leprichaun and let it go INDY!

Season 2009 starts Sunday 22 Feb!

Let's hope the Pyke becomes a Great White. Meredith the new Judd and Bazza gets a decent haircut.

[timthefish]

It would be unthinkable in Rugby League or Rugby Union where there is considerable code and country transfers for this amateurish approach to international player contracts to be tolerated.

so how's sonny bill williams going nowadays?

wishing does not make things so. you can speculate all you want, but you're trying to apply generalisations as specifics and vice-versa. the parsimonious conclusion is that the club realised it was not worth pursuing, either for its own sake or as deterrent and has let it go.

[ROK Lobster]

We've been here before. But we do know some of the clauses in his employment contract without reading it. They are terms implied at law in employment contracts in NSW. Principal of these is the term of fidelity and good faith and the term of trust and confidence. Also the High Court has ruled recently that all employment contracts in Australia are fiduciary in their nature.

You need to read the cases more closely I suspect, and consider more closely the law of remedies. Can you please provide a citation for the fiduciary duty/employment contract case. Not sure how it relates to Kennelyy, but it would be an interesting read nonetheless.

[connolly]

You need to read the cases more closely I suspect, and consider more closely the law of remedies. Can you please provide a citation for the fiduciary duty/employment contract case. Not sure how it relates to Kennelyy, but it would be an interesting read nonetheless.

It was was Mason's view in Hospital Products Ltd v United States Surgical Corporation, that employee/employer relationships are one of the accepted fiduciary relationships. This principlewas accepted by the majority in Concut v Worrall (2000) Concut Pty Ltd v Worrell [2000] HCA 64; 75 ALJR 312 (14 December 2000). That case didn't take it much further as the court determined the issue before it on a principle of contract formation. So what remedies are potentially available against an employee football who breaches his contract, attempts to terminate it and threatens to simply walk out and "retire". Obviously damages ( the cost of an expensive medical operation and rehab would be an obvious place to start to make a statement regarding the club's determination to see contracts honoured), punitive damages in equity against inducers of the breach of contract (we've been there and done that) and as a long shot account of profits. The principle case for account of profits remedy is Attorney General v Blake http://www.publications.parliament.u...27/blake-1.htm. It is unclear whether a plaintiff can recover account of profis based on restitutory principles in Australia. Hospitality Group Pty Ltd v Australian Rugby Union Ltd (2001) 110 FCR 157 (3 August 2001) suggests not but in Dalecast Pty Ltd v Guardian International Pty Ltd WASC 199 (1 August 2001) Dalecoast Pty Ltd v Guardian International Pty Ltd & Ors [2003] WASCA 142 (27 June 2003) a Western Australian Supreme Court judge accepted the Blake principle although rejected its application of the facts of the case. So could a club successfully claim account of profits against Kennelly? Highly unlikely because the circumstances probably aren't exceptional enough (Blake was a traitor who breached a confidentiality agreement with the seceret service while Kennely was a traitor who breached his contract with a footy club) and unemployment is growing at a rate of knots in Ireland so its doubtful Kennelly will be making much. The answer is in backloading contract payments to the completion of the contract and including penalty clauses for walking out on the contract. A bit like a construction industry contract. This effort was done over brekky. I'll email the rest to you if you are interested.

[givekidsakick]

forget the contracts...

. The answer is in backloading contract payments to the completion of the contract and including penalty clauses for walking out on the contract. A bit like a construction industry contract.

Yeah, where the subbies get robbed, the workers get maimed and robbed, and its business as usual for the bosses and their insurance companies.

[timthefish]

The answer is in backloading contract payments to the completion of the contract and including penalty clauses for walking out on the contract.

so the club had nothing to enforce and even less means of doing so. still, no-one has demonstrated how it would be in the interest of the club to force kennelly to stay.

[connolly]

so the club had nothing to enforce and even less means of doing so. still, no-one has demonstrated how it would be in the interest of the club to force kennelly to stay.

You are right the caravan has moved on in Kennelly's case particulalrly as the club has accepted Kennelly's breach of contract as a termination. However why did we not do something against Coney and his "?dvisors" in Belfast? We have had two contracted players break their contracts and walk in the last month. The point I am making is that what are we doing about Pyke and Murphy's contract (and the next potential champoin from Ireland, Canada or Fiji perhaps)? Kennelly was difficult because he allegedly went to an "amateur" code. Hopefully the club is doing something about its contracts to ensure the club has certainty regarding its player roster, can recruit in the draft sensibly without losing players after the drafting period closes and can ensure the contract is strong enough to provide sufficient penalties to a player who basically doesn't give a rats for his promises to the club. Thats what contracts are partly for. To make lairs and cheats comply with their promises.