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| Quote ="Highlander"Thats what happened with Iestyn. Leeds sent us a letter saying he was registered with them, we had legal advice otherwise, RFL registered his contract with us.
[size=150So in this case we are now Leeds.[/size Lets see if we can win this one, to the extent they won theirs...'"
Bye - that made me laugh. Especially the Leeds comparison bit.
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| Shall we stay on topic? We know from experience that any Mystic Eddie versus the world slanging match generally result in threads getting locked and bans being issued.
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| Quote ="Diogenes"I'm struggling to see what the Bulls owners hope to achieve by legal action.
No court is going to order Carvell to stay with the Bulls and I doubt that the Bulls want that anyway. Would Cummins or his team mates want him back? What sort of attitude would he have if he did return? Would he give 100%?
Any court ruling will not be binding on the RFL unless the Bulls sue the RFL as well as Carvell. Would that be wise given that (officially at least) there has not yet been any ruling on a points deduction following the administration?
Any damages they may recover are going to be limited to his wages and other benefits received so are going to be very modest in amount.
The Bulls don't have a claim against Hull unless they have evidence that Hull approached Carvell (as opposed to the other way round).
This is all going to end in very expensive tears. As Cummins said yesterday, time to move on.'"
Its either a win-win or lose-lose situation.
If either Carvell/the rfl/hull fc back down the Bulls regain some "ground" if however they lose it could become open season for any player wanting away.
They simply cannot not do anything, this was always likely and without knowing all the facts i still think the player will win in this situation.
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| Quote ="Diogenes"It seems like a very expensive way to make a point when there are better things to spend the money on.'"
It is possible that there is a contract with the outfit we are using for HR advice that includes the cost of going to court, if you look at the testaments on their websites it looks like they sell that sort of a deal. If something arises you ask their advice and if you follow it to the letter then theres usually legal aid to a value built in to fight your side of it. Which is why the action is against the employee, Carvell, not Hull or the RFL.
This must impact on the value of assets purchased from the administrator. If any employee can refuse to be tuped on the same t and cs as before and so effectively any other competitor can cherry pick, then the only sensible thing to do is buy nothing from the administrator other than the trading name or style, and cherry pick the employees yourself.
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| Quote ="martinwildbull"It is possible that there is a contract with the outfit we are using for HR advice that includes the cost of going to court, if you look at the testaments on their websites it looks like they sell that sort of a deal. If something arises you ask their advice and if you follow it to the letter then theres usually legal aid to a value built in to fight your side of it. Which is why the action is against the employee, Carvell, not Hull or the RFL.
This must impact on the value of assets purchased from the administrator. If any employee can refuse to be tuped on the same t and cs as before and so effectively any other competitor can cherry pick, then the only sensible thing to do is buy nothing from the administrator other than the trading name or style, and cherry pick the employees yourself.'"
Can't see this being the case, OK from the Bulls POV they may see Carvell as being in the wrong but equally if that is the case so are Hull for approaching a contracted player and the RFL for sanctioning the deal.
Seems to me that if the Bulls are right, then all three are in the wrong and not just Carvell??
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| Quote ="kinleycat"Can't see this being the case, OK from the Bulls POV they may see Carvell as being in the wrong but equally if that is the case so are Hull for approaching a contracted player and the RFL for sanctioning the deal.
Seems to me that if the Bulls are right, then all three are in the wrong and not just Carvell??'"
By all accounts Carvell's agent approached Hull. The RFL nor Hull will face any action here, it will be Bradford against Carvell. I cannot think that the scenario we have now is in any way better than Gareth just having a quiet chat, along the lines of....
GC: I don't want to play for you anymore
BB: We will let you talk to other clubs so long as we are compensated for wages paid to you during your employment.
It's terribly messy now and sets a dangerous precedent for players looking to get out of their contracts. I'm delighted that we've signed him, disappointed in the circumstances of that signing.
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| I'd love to have been at Garreth's wedding.
"Speak now or forever hold their peace"
*silence*
...
"It is by the power vested in me that I now pronounced you husband and wife, you may now kiss the ... oh"
Garreth runs off with the bridesmaid.
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| and mr carvell has a couple of big backers behind him to pay the legal fees
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| Quote ="roofaldo2"Have you paid the taxman this year?'"
just 1 of the many that made me laugh !!
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| People laughed when the club mentioned the fact that Carvell still had the club sponsored car. However if he was still using it (possibly whilst seeking out future employers) is this not implied acceptance of TUPE situation and therefore change of owner. It seems that the whole thing would have been straight forward had Carvell been informed of the TUPE and he had said "Stuff that I'm off, come and get back all club assets". The players union seem strangely quiet over all this. They look after all their members interests and not just individuals. It can't be in their interest to see players walk out on contracts. If they do it is a short step before clubs start saying "Jeez, I thought you would play better than this. Never mind there's the door".
With regards to the RFL's position don't we have a position now where a player is registered with 2 clubs? If they don't make judgement calls on contract validity couldn't we simply register all of Castleford's team with us before Sunday?
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| Quote ="hindle xiii"I'd love to have been at Garreth's wedding.
"Speak now or forever hold their peace"
*silence*
...
"It is by the power vested in me that I now pronounced you husband and wife, you may now kiss the ... oh"
Garreth runs off with the bridesmaid.'"
Where are you off on your honeymoon Gareth?
Thailand. We thought about Spain but the missus doesn't like long plane flights
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| Quote ="tamargrace"just 1 of the many that made me laugh !!'"
Wow, it took you 4 months to get the joke? You are slow, aren't you?
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| Quote ="roofaldo2"Wow, it took you 4 months to get the joke? You are slow, aren't you?'"
When I was a small boy it took me about 4 years to work out why my dog soft toy was called "Deefah".
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| 7th of March should be a tasty affair anyway. As long as he's not been sidelined through a career ending injury as some douchebag on here is hoping for.
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| Quote ="kinleycat"Can't see this being the case, OK from the Bulls POV they may see Carvell as being in the wrong but equally if that is the case so are Hull for approaching a contracted player and the RFL for sanctioning the deal.
Seems to me that if the Bulls are right, then all three are in the wrong and not just Carvell??'"
Correct, those are the implications of my comment IF they succeed against Carvell. if the bulls win and Carvell should have accepted the TUPE with the same terms then the RFL have to accept the courts decision that he is a Bradford player. the next thing they have to decide is his transfer value as clearly there is no going back. If it is breach of contract then Carvell could be liable for the tranfer fee himself as through his breach Bulls have not been able to negotiate with Hull for it (tho you would have thought that Hull would pay it - BUT it would be a payment to a player so part of the salary cap, AND liable for any one off costs that Bradford have to pay to get a replacement in. No wonder the RFL are staying as far away as possible! Whilst I would not wish an injury upon any player, I do hope that the implications of what he could be liable for weigh a little bit on his playing mind when we play Hull.
To return yet again to a previous comment, we tuped Platt at the inflated salary he was on, if Carvell is correct then we want our money back from Platt.
So it all hinges on legalese, I doubt that Hull would let it become Carvells liability so would sensibly come to a settlement, which I am sure is all we want anyway.
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| Quote ="martinwildbull"Correct, those are the implications of my comment IF they succeed against Carvell. if the bulls win and Carvell should have accepted the TUPE with the same terms then the RFL have to accept the courts decision that he is a Bradford player. the next thing they have to decide is his transfer value as clearly there is no going back. If it is breach of contract then Carvell could be liable for the tranfer fee himself as through his breach Bulls have not been able to negotiate with Hull for it (tho you would have thought that Hull would pay it - BUT it would be a payment to a player so part of the salary cap, AND liable for any one off costs that Bradford have to pay to get a replacement in. No wonder the RFL are staying as far away as possible! Whilst I would not wish an injury upon any player, I do hope that the implications of what he could be liable for weigh a little bit on his playing mind when we play Hull.
To return yet again to a previous comment, we tuped Platt at the inflated salary he was on, if Carvell is correct then we want our money back from Platt.
So it all hinges on legalese, I doubt that Hull would let it become Carvells liability so would sensibly come to a settlement, which I am sure is all we want anyway.'"
my limited understanding is you are tupe'd over on the same terms and conditions which is platt, you can refuse the transfer and walk away ! which carvell has done !
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| So if Carvell (now "registered" with Hull FC) has not returned the sponsored Bulls car and is still using this car to travel to Hull etc could this be considered a Taken Without Consent situation?
What a mess
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| Quote ="martinwildbull"Correct, those are the implications of my comment IF they succeed against Carvell. if the bulls win and Carvell should have accepted the TUPE with the same terms then the RFL have to accept the courts decision that he is a Bradford player. the next thing they have to decide is his transfer value as clearly there is no going back. If it is breach of contract then Carvell could be liable for the tranfer fee himself as through his breach Bulls have not been able to negotiate with Hull for it (tho you would have thought that Hull would pay it - BUT it would be a payment to a player so part of the salary cap, AND liable for any one off costs that Bradford have to pay to get a replacement in. No wonder the RFL are staying as far away as possible! Whilst I would not wish an injury upon any player, I do hope that the implications of what he could be liable for weigh a little bit on his playing mind when we play Hull.
To return yet again to a previous comment, we tuped Platt at the inflated salary he was on, if Carvell is correct then we want our money back from Platt.
So it all hinges on legalese, I doubt that Hull would let it become Carvells liability so would sensibly come to a settlement, which I am sure is all we want anyway.'"
Not really. Carvell's employment status and his RFL registration are separate issues legally and the RFL can't be bound by the outcome of a court case it was not a party to. If the Bulls want the court to order the RFL to accept that he is registered to Bradford, not Hull, they need to sue the RFL too.
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| Quote ="tamargrace"my limited understanding'"
modesty becomes the lady
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| Or it could be that the Bulls do not intend to see this through but one of the other interested parties the RFL is talking to may take on ownership of the Bulls. If that required a further TUPE from Bulls 2014 to another new company I can see logic in creating enough of a stir to discourage anyone else from following suit?
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| Without reading most of the last few pages,I think the Bulls are well within their rights to pursue this, I also think this is not Hulls fault.The player and the agent should be pursued.We have lost a very good player but think he certainly needs to learn a few lessons on how to go about things,lost all respect for him now.
Regarding the company car situation,if turns out his insurance on the car finished when he walked out and he gets 3 points on his licence,he could have more points than us in 2 week if we get off to a bad start
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| What will happen if next week the administrator accepts a better offer from the new guy? As all the players have been TUPE'd to BB2014, they can't be un-TUPE'd - that would be ridiculous, and isn't legally possible.
Maybe they could do something like the Bobby Ewing shower scene.
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| He cant have twoc-ed the sponsors car if it's due to him under the terms of his contract (which the Bulls say is still valid). Similarly, he can't be said to have resigned if he's not handed it back. Can he?
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| Quote ="Heritage"Sadly, he's not a kid. He just appears to be someone who has more negatives to offer than positives and occasionally comes out with comments like that which do himself no credit and perhaps more importantly brings the majority of Bulls fans into disrepute.'"
How exactly do I bring "the majority of Bulls fans into disrepute?"
My views are mine alone, not a representation of the fans overall.
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| Oh I do enjoy a good pantomime, and you guys have never failed to deliver over the last couple of years. I'd say Carvell has taken Legal Advice, which has pointed him in a particular direction, and why he has decided that 'Ull is the better option. And Redhall have apparently received similar advice.
Given previous Bradford Directors' attitude to Contracted players, Iestyn Harries anyone, the outraged knee jerking by the current lot does raise a smile. FA I'm sure will be able to give you Chapter and Verse on TUPE regs, but I'm pretty sure you are not obliged to accept any new contract with the Newco.
And he will no doubt point out that Legal Action tends to be expensive, a point your creditors will have noticed as well........
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