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| How about something along the lines of
Halifax RLFC vs $H€££I€LD €AGL€$ and on the back "Sue Me"
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| Quote ="The Scratchin shed ghost"Have spent a few days researching this before commenting
Interestingly it makes no odds what is or isn't in the contract because all such loyalty (anti competitor) clauses are illegal anyway under European law. What the extract below says (from a very long article) is that every citizen has the right to work freely and can not be obstructed from doing so. Any contravention of this contravenes the individuals fundamental (human) rights
Another point to consider is that Sheffield effectively broke the agreement by allowing Barlow to play in the 9's. At that point Barlow had played against Sheffield in 2010 and the clause becomes null and void unless there is another written agreement to re-instate it. There is no legal standing in law allowing a contract to be broken by mutual consent and then re-applying it.
Sheffield's claim against Halifax is tenuous at best. Halifax are Barlows new employers but there can be no contract in place between the clubs. The claim seems to centre around influencing Barlow to break his contract. This is virtually impossible to prove. As his employer Halifax have every right to expect him to work and Barlow has every right to work under European law. Sheffield also have to show they took all reasonable steps before commencing litigation (hence the offer to settle) Unfortunately they did not seek legal advice prior to the game or apply to a judge for an injunction to stop Barlow playing. Both Halifax and Barlow will claim that this is because they had no intention of preventing him playing and were only interested in financial reward.
Potentially Sheffield could pursue Barlow for breach of contract, however there is no financial gain to be made from litigation against a part time rugby player. Sheffield also run the risk of a substantial counter claim by Barlow who can claim that the contract (release) agreement he signed contravenes The European Right to Work Act and his fundamental rights as a European citizen. Whilst Sheffield may win a small victory against Barlow financially, Barlow could sue through the European courts for "unlimited" damages.
Seperate to the legalities is the cost. Sheffield United paid out £1.8 Million in legal fees before receiving a settlement from West Ham for the Tevez affair. West Ham spent £1.2 million defending them. Both clubs would go to the wall long before the case got anywhere near a courtroom. Regardless of who won or lost both clubs would be forced to fold as neither could afford the others costs let alone settlement.
Halifax and Barlow probably didn't act in good faith but there is no legal substance for any party involved
[iThe right to work at EU level is guaranteed by the Charter of Fundamental Rights of the European Union (Article 15) which stipulates: 1. ‘Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation; and 2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State’.
Article 15(1) applies to ‘everyone’ – employees and self-employed persons – regardless of the nature of their employment relationship. It is a fundamental human right. The formula of ‘the right to engage in work’ appears to be a compromise between a ‘freedom to enter into work’, or a wider ‘right to work’.
As a constitutional right recognised in some Member States, the right to work creates legal obligations on the state to develop an active employment policy, to guarantee the freedom of work and to organise a free functioning labour market. A narrow view of the EU Charter’s ‘right to engage in work’ would limit it to giving access to the labour market. A broader view of the right extends to the political commitment of the state to promote integration in employment and stability at work. For example, it could act as a constitutional anchor for the EU’s commitment to a high level of employment and its employment policy.
Article 15(2) of the EU Charter reflects the freedom of movement established by the EC Treaty. It applies to EU citizens and not only to workers, thus going beyond Article 39 of the EC Treaty. The inclusion of the EU Charter in the Treaty establishing a Constitution for Europe might eventually contribute to challenging the remaining limits to freedom of movement.[/i'"
All this is very true, unless your opt out by singing an agreement. I have no axe to grind here but it is clear that SB at the very least is in the wrong, and by picking him to play when knowing about the clause HRFL could be seen to have encouraged him.
Lets just say if the boot was on the other foot you would be thinking very differently.
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| Quote ="rugbyball"All this is very true, unless your opt out by singing an agreement. I have no axe to grind here but it is clear that SB at the very least is in the wrong, and by picking him to play when knowing about the clause HRFL could be seen to have encouraged him.
Lets just say if the boot was on the other foot you would be thinking very differently.'"
We don't have the spoilt brat Aston in charge so we wouldn't even be thinking about it by now.
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| do you reckon, at school aston was one of these kids forever running to the teacher telling tales on the other kids... you know... the ones you just want to slap
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| from sheffield star.
Aston could make a return to Halifax to sign Luke Branighan. The Australian, who was with Gateshead Thunder in 2009 and plays international rugby for Malta, could fit the bill. The Malta link makes Branighan attractive with visitMalta.com being Sheffield United's main sponsor. The Eagles played eight home games at Bramall Lane in the past season and hope to continue to play at the Blades' stadium again next season.
is he trying it on,
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| Quote ="swifty62"from sheffield star.
Aston could make a return to Halifax to sign Luke Branighan. The Australian, who was with Gateshead Thunder in 2009 and plays international rugby for Malta, could fit the bill. The Malta link makes Branighan attractive with visitMalta.com being Sheffield United's main sponsor. The Eagles played eight home games at Bramall Lane in the past season and hope to continue to play at the Blades' stadium again next season.
is he trying it on,'"
that has to be as tedius as it get's! May as well say Branighan likes hodogs... they serve hotdogs at Bramall lane... Oooo... haha.
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| The only link is the Malta one, and its Sheff United sponsored by them, not the Eagle$
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| Quote ="swifty62"from sheffield star.
Aston could make a return to Halifax to sign Luke Branighan. The Australian, who was with Gateshead Thunder in 2009 and plays international rugby for Malta, could fit the bill. The Malta link makes Branighan attractive with visitMalta.com being Sheffield United's main sponsor. The Eagles played eight home games at Bramall Lane in the past season and hope to continue to play at the Blades' stadium again next season.
is he trying it on,'"
Maybe he wants Branighan as a settlement
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| Quote ="Brew"The only link is the Malta one, and its Sheff United sponsored by them, not the Eagle$'"
Exactly... as loose as it possibly get's! Next they'll be saying he's mates with Jon Steel and as Sheffield is the Steel city...
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| This would be very interesting. If Luke did in fact have a two year deal but has been told he would be released if he got a better deal couldn't Halifax wait till next season then invent some clauses. I vote for "Luke cannot kick a 40/20 against Halifax", "Lule cannot tackle Odd numbered players whilst playing Halifax". The possibilities are endless...
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| Quote ="Nat (Rugby_Aholic)"This would be very interesting. If Luke did in fact have a two year deal but has been told he would be released if he got a better deal couldn't Halifax wait till next season then invent some clauses. I vote for "Luke cannot kick a 40/20 against Halifax", "Lule cannot tackle Odd numbered players whilst playing Halifax". The possibilities are endless...'"
Or you could just keep him and pay the money promised when he signed it?
Bt definately can't have a direct assist in any try would be funny to watch!
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| Quote ="J20"Or you could just keep him and pay the money promised when he signed it?
Bt definately can't have a direct assist in any try would be funny to watch!'"
He is welcome to stay, but players will always move where the money is and I can imagine Sheffield ignoring their budgets to sign him because they think it will annoy us. They don't realise that we are above this petty nonsense. We released Holroyd two years ago because he wanted more money and at the time he was prob the best No.6 in the league. One player doesn't make a team, no matter how good they are.
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| You do make me laugh thoug Halifax knew and agreed to this clause in order to sign Barlow... yet suddenly it's stupid and illegal etc etc... You could of just said no we'll leave it thanks?
You take the mick out of Aston but were Halifax bullying him to losing a player and then ignoring the terms of that agreement? I don't know but is a question!
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| Quote ="Nat (Rugby_Aholic)"He is welcome to stay, but players will always move where the money is.'"
Why is it a question then? Why tell him he can look for another club? Surely it's not an issue if have two year deal? If anyone wants him have to contact club with a transfer fee / agreement?
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| Quote ="J20"Why is it a question then? Why tell him he can look for another club? Surely it's not an issue if have two year deal? If anyone wants him have to contact club with a transfer fee / agreement?'"
We dont really know if it is a two or one year deal. The local rag reported it as two but people seem to be discussing it as a one year deal. Time will tell. As I said further up, "This would be very interesting. If Luke did in fact have a two year deal"
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| Quote ="J20"You do make me laugh thoug Halifax knew and agreed to this clause in order to sign Barlow... yet suddenly it's stupid and illegal etc etc... You could of just said no we'll leave it thanks?
You take the mick out of Aston but were Halifax bullying him to losing a player and then ignoring the terms of that agreement? I don't know but is a question!'"
I am told what actually happened was Barlow requested to be released from his contract for whatever reason, Sheffield agreed and released him from the contract and registration. Then a couple of days later he was offered a deal by Fax. Once Sheffield heard about that they demanded a transfer fee for a player they no longer held the registration for. Halifax laughed. What happened after that I have no idea.
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Quote ="Nat (Rugby_Aholic)"We dont really know if it is a two or one year deal. The local rag reported it as two but people seem to be discussing it as a one year deal. Time will tell. As I said further up, "This would be very interesting. If Luke did in fact have a two year deal"'"
As i have said a number of times, he is on a 2 year deal but was told to look for other offers from clubs, that does not mean he wont be stayting but after this years performance am sure he could command a Higher Pay deal than whatever he is currently on.
www.halifaxrlfc.co.uk/article.php?id=319
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Quote ="Nat (Rugby_Aholic)"We dont really know if it is a two or one year deal. The local rag reported it as two but people seem to be discussing it as a one year deal. Time will tell. As I said further up, "This would be very interesting. If Luke did in fact have a two year deal"'"
As i have said a number of times, he is on a 2 year deal but was told to look for other offers from clubs, that does not mean he wont be stayting but after this years performance am sure he could command a Higher Pay deal than whatever he is currently on.
www.halifaxrlfc.co.uk/article.php?id=319
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| Quote ="Nat (Rugby_Aholic)"I am told what actually happened was Barlow requested to be released from his contract for whatever reason, Sheffield agreed and released him from the contract and registration. Then a couple of days later he was offered a deal by Fax. Once Sheffield heard about that they demanded a transfer fee for a player they no longer held the registration for. Halifax laughed. What happened after that I have no idea.'"
Apparently he paid out of his pocket for his release. Sheffields example was that he paid a 500 quid when they were entitled to £5000 as a transfer fee (these are not exact figures, just used to illustrate the point).
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| Quote ="The Dors"Apparently he paid out of his pocket for his release. Sheffields example was that he paid a 500 quid when they were entitled to £5000 as a transfer fee (these are not exact figures, just used to illustrate the point).'"
They were the figures used by Aston on Radio Leeds.
So they only valued the remainder of his contract at approx £500.Shows how much he meant to them. If Aston was that bothered, why not hold out for a higher amount initially? Can't have it both ways!
Im suprised he's not started to moan again about how we signed Worrincy... didnt he say similar things then about honesty, commitment? boring!!!!!!!
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| Quote ="griffax"They were the figures used by Aston on Radio Leeds.
So they only valued the remainder of his contract at approx £500.Shows how much he meant to them. If Aston was that bothered, why not hold out for a higher amount initially? Can't have it both ways!
Im suprised he's not started to moan again about how we signed Worrincy... didnt he say similar things then about honesty, commitment? boring!!!!!!!
'"
And waited until september to bring the issue up ?
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| Sheffield Star are loving this!
[urlhttp://www.thestar.co.uk/rugbyleague/RFL-to-probe-Barlow-affair.6548601.jp[/url
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| I live in Rotherham and know the Star! - wouldn't wrap me chips in it - tho to be fair all they've done is printed a "non-story" of stuff that is already known to the masses! Typical Star, nowt else to fill the sports pages with so 'lets re-hash some more of this weeks gumf'!!
Poor journalism of RL - not for the 1st time this week!
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| Quote ="Rotherham Fev Fan"I live in Rotherham and know the Star! - wouldn't wrap me chips in it - tho to be fair all they've done is printed a "non-story" of stuff that is already known to the masses! Typical Star, nowt else to fill the sports pages with so 'lets re-hash some more of this weeks gumf'!!
Poor journalism of RL - not for the 1st time this week!'"
Are they part of the same group as our 'Evening' Worrier Johnston Press ??
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| Quote ="Les West Guitar God"Are they part of the same group as our 'Evening' Worrier Johnston Press ??'"
yes.
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| Quote ="The Dors"Sheffield Star are loving this!
[urlhttp://www.thestar.co.uk/rugbyleague/RFL-to-probe-Barlow-affair.6548601.jp[/url'"
TBH, it doesn't really say owt. Just print for the sake of summat to print.
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