The others are all issues of employment law and AFAIK the RFL cannot act against the individual, as it depends on the employees contract of employment. The RFL has adopted rules on taking drugs that may improve performance in line with WADA. They have advised all clubs that compete that these laws are in place and that any player must adhere to these rules. They are not affecting the employment of the player just stating that they will be banned from playng. To protect themselves I'm sure that clubs put stipulations on drugs, as well as other illegal activities into their contracts of employment.

Hock under the RFL(WADA) rules has been suspended from playing prior to being found guilty, based on the first and now second samples. The club have suspended him (I assume on full pay) until the outcome of the investigation. At that point they can look at whether they have a right to terminate his contract of employment under its terms.

Player's can only have their contract of employment terminatd, subject to its terms, once a criminal activity has been convicted in a court of law.

I would completely disagree with you on all your points!

WADA does not moralise and that is why if he had been tested outside of competition he would not have got a formal ban for using Cocaine! In doing so, they do make a clear distinction between performance enhancing drugs and recreational drugs outside of competition. When it comes to in-competition testing their position is also clear, ALL drugs, unless approved for use or approved under the medical exception scheme (asthma drugs being the most common) are banned. They do not take a moral stand point, they stop people from what they see as cheating at sport!

And when did the RFL (under the WADA guidelines) say he was guilty and they have not banned him yet, it is just very likely. He failed an in-competition drugs test, they tested his b sample which also failed. He now appears before a committee who will decide if he gets a ban, again likely to be two years.

Wigan have suspended him, as far as I am aware the RFL have not removed his registration, if he appeals against the ban, as far as I am aware, he will be able to continuing playing until his appeal his heard but I suspect Wigan will keep him suspended. That is up to them, not the RFL. I also suspect, thinking about employment law, that he will be suspended on full pay, until he gets a ban and then Wigan can sack him for gross misconduct!

Brilliant post, agree with you, as you can see below.

The only thing I understand, is that if in his Wigan employment contract that drug use is considered gross misconduct (which I think it will be!) and they have sufficient proof they can just sack him, he would not need to be convicted of a criminal offence. If he was not happy he can take them to an employment tribunal.

As it is, I suspect Wigan will wait until the outcome of possible ban and maybe even after an appeal (which I suspect will not happen), to decide on their action as a club. It just makes more sense to do it that way!

They would have to be careful though as the WADA has plenty legal drugs on their list and would taking them be gross misconduct. I would suspect that until the hearing they would be on dodgy ground sacking a player based on an "in competition" drug test

Yes you are right, but I suspect his employment contract might say something "the taking of illegal drugs or drugs banned by the RFL" might be considered gross misconduct. I think if they did sack him now it might be a little dodgy, but as they are doing you might as well just wait and get all the evidence and facts complete before making a decision.