Sydney and Nick Davis locked in dispute over payments - Melbourne Herald Sun

[Xie Shan]

A thread about Nick Davis and contracts on RWO? Good heavens.

*grabs popcorn and watches lobster and connolly fight it out*

Seriously if what stella says is correct I see no reason why Nick shouldn't get the payment. He was out for a while after getting injured in the ressies which pretty much ended his chances of ever getting back into the team even if he did have the application/desire to do so, which was pretty rotten luck however you look at it.

[stellation]

I should say reading over what I wrote previously I think I've probably made it sound more clear cut than it actually is, I believe there is still scope for a review of the specific injury (ongoing career impact) etc. which may also be a point of contention with it all.

One thing that may throw a spanner in the works is whether AFL Canberra is classified as being a fully fledged state body competition, and if so whether listed players receive a seperate match payment or not for it. If it is then he is entitled to up to 2 years of potential games (capped at 30) at that rate (approx $600, so about $18,000 if a state body and they receive seperate match payments)- however if it's either not a state body competition or the player's aren't paid a match payment for it then he is possibly entitled to the same number (capped at 30) at his contracted senior match payment rate; based on the minimum senior match payment for 2008 that'd be $2600 per game- so for 30 games it'd be $78k, however if they did opt to put hefty incentive components in Nick's pay and they offered him a relatively low base but a significantly increased senior match payment (which I believe they can do) then that figure could stack up pretty quickly.

[DST]

I could be wrong, but I think it would count towards the TPP but not to the cap.

I think you are allowed a certain amount of injury payments outside of the cap up to a threshold and then anything over is counted in the salary cap.

You would need to know how close we were to the injury payment threshold before knowing if any further payments would have an impact on the cap.

Basically a way to try and stop clubs from retiring players early due to injury and then paying outside of the cap for the rest of what thet ate owed.

In Nick's case, the dispute is over whether he is owed anything.

DST

[Pace To Burn]

I think you are allowed a certain amount of injury payments outside of the cap up to a threshold and then anything over is counted in the salary cap.

You would need to know how close we were to the injury payment threshold before knowing if any further payments would have an impact on the cap.

Basically a way to try and stop clubs from retiring players early due to injury and then paying outside of the cap for the rest of what thet ate owed.

In Nick's case, the dispute is over whether he is owed anything.

DST

EXCLUSIVE: THE Sydney Swans and their 2005 premiership hero Nick Davis are in a protracted and potentially explosive dispute relating to his parting with the club last year. Davis is seeking a financial settlement believed to be about $200,000.

Any payout would need to be recorded by the Swans in their salary cap.

Says in the article it would be included

[goswannie14]

EXCLUSIVE: THE Sydney Swans and their 2005 premiership hero Nick Davis are in a protracted and potentially explosive dispute relating to his parting with the club last year. Davis is seeking a financial settlement believed to be about $200,000.

Any payout would need to be recorded by the Swans in their salary cap.

Says in the article it would be included

But would it come under this years cap? After all he is no longer a contracted player.

[BSA5]

But would it come under this years cap? After all he is no longer a contracted player.

If it needs to be in last year's salary cap, then we're even more screwed, as I doubt we left an extra $200,000 room there.

If it needs to be in the salary cap at all, it should be in next year's, so we can negotiate new contracts in a way that will let it fit. Otherwise we're being forced to breach salary cap rules. Is that fair?

[connolly]

I should say reading over what I wrote previously I think I've probably made it sound more clear cut than it actually is, I believe there is still scope for a review of the specific injury (ongoing career impact) etc. which may also be a point of contention with it all.

One thing that may throw a spanner in the works is whether AFL Canberra is classified as being a fully fledged state body competition, and if so whether listed players receive a seperate match payment or not for it. If it is then he is entitled to up to 2 years of potential games (capped at 30) at that rate (approx $600, so about $18,000 if a state body and they receive seperate match payments)- however if it's either not a state body competition or the player's aren't paid a match payment for it then he is possibly entitled to the same number (capped at 30) at his contracted senior match payment rate; based on the minimum senior match payment for 2008 that'd be $2600 per game- so for 30 games it'd be $78k, however if they did opt to put hefty incentive components in Nick's pay and they offered him a relatively low base but a significantly increased senior match payment (which I believe they can do) then that figure could stack up pretty quickly.

His career as a first grade footballer with Sydney had finished effectively before he was injured in Canberra. His potential to even get another contract was zero. After bludging on the club for the previous two seasons he lodges a speculative claim when he has been rejected by every club in the comp. Nice work if you get it.

[Nico]

Someone said "get a job". He has a job, "punter". It was pretty clear it was going to be a seamless transition after footy and he put in plenty of practice in getting ready.
The mail is though, not a very good punter.

So how long will 200 large last him.

[stellation]

His career as a first grade footballer with Sydney had finished effectively before he was injured in Canberra. His potential to even get another contract was zero. After bludging on the club for the previous two seasons he lodges a speculative claim when he has been rejected by every club in the comp. Nice work if you get it.

Regardless of opinions either way, I don't know that it's particuarly relevant whether he was a shot to play senior footy again or not; he was still on the senior list when the injury occured.

[ROK Lobster]

His career as a first grade footballer with Sydney had finished effectively before he was injured in Canberra. His potential to even get another contract was zero. After bludging on the club for the previous two seasons he lodges a speculative claim when he has been rejected by every club in the comp. Nice work if you get it.

Maybe the Swans could sue him for breach of his statutory fiduiciary duty to try his hardest (under the subjective Kirk test) pursuant to his contract. Davis probably owes the club miney, don't you reckon conners.

[connolly]

Maybe the Swans could sue him for breach of his statutory fiduiciary duty to try his hardest (under the subjective Kirk test) pursuant to his contract. Davis probably owes the club miney, don't you reckon conners.

I reckon we all broke even in the end Lobs. His natural ability booted us into one of the greatest wins in our history (there were others there as well mind you) in as stirring a twenty minutes of sport that has been played anywhere and the club gave him a regular wage through some of the most desultory performances ever put in a red and white geurnsey. i actually do agree with a decent compo system. Good luck to him hope he makes it in an increasingly harsh world.

[ROK Lobster]

I reckon we all broke even in the end Lobs. His natural ability booted us into one of the greatest wins in our history (there were others there as well mind you) in as stirring a twenty minutes of sport that has been played anywhere and the club gave him a regular wage through some of the most desultory performances ever put in a red and white geurnsey. i actually do agree with a decent compo system. Good luck to him hope he makes it in an increasingly harsh world.

Nice work