THE BOSS Dave Donaghy - Broncos CEO

[BroncsFan]

I'm unsure how non-compete clauses are typically worded or the intent of the clause (legal minded members may be able to advise)... however they may be one of the following.

Non-compete in regards to storm's commercial interest... if this is the intent then Donaghy hasn't breached anything and wouldnt breach anything by taking up a new post.

Non-compete in regards to taking up a similar role within 6 months... obvious restraint of trade and would be kicked out of court instantly

Non-compete in regards to poaching storm's staff. That would be a restraint of trade on the storm's staff and again would require Donaghy to be in the role and actively play a part in the head hunting.

Even if the commercial or poaching staff clauses are the intent, Donaghy can just excuse himself from the discussions citing a conflict of interest.


If I'm the Broncos I'm taking the storm to court to get it removed and allow him to start working

 

[pagey]

Thats easily sorted. Just say it was PW who poached Bellamy
Everyone knows we were after him before appointing a new CEO.

True, but it might be the reason that the Storm are pissed

 

[Lockysillegitimatechild]

Anyone who can think logically can see how and why that cause was put in there and agreed to.

Me thinks if the shoe was on the other foot club-wise a certain someone would be on the other side of the fence..... just saying...

 

[1910]

Even if we had to operate for six months with literally no CEO, it's simply not possible for even the empty chair to do a better job of utterly torching the place than Paul White manageDd in his previous stint.

That was going to be my next point, why fight it? If in six months or five now he can work freely why fight it for six months and cost money?

Put Monaghan in there until June, Donaghy can float around and learn the role and then take over, take the fight away from the Storm.

If all they're gunning for is annoyance and a fight- don't give it to them. Broncos have bigger things to fight and fix than this- I would be focusing on football and not taking on another fight; when in 6 months you can get what you want anyway with very little impact on the previous six months.

 

[007]

That was going to be my next point, why fight it? If in six months or five now he can work freely why fight it for six months and cost money?

Put Monaghan in there until June, Donaghy can float around and learn the role and then take over, take the fight away from the Storm.

If all they're gunning for is annoyance and a fight- don't give it to them. Broncos have bigger things to fight and fix than this- I would be focusing on football and not taking on another fight; when in 6 months you can get what you want anyway with very little impact on the previous six months.

The issue is also he would not be allowed to float around at all, if their claim was to somehow have substance

 

[Kooly87]

Is it maybe because Bellamy will follow and there was something about not poaching staff in the contract?

I did consider this to be honest, but given Bellamy's decision one way or the other is likely to be imminent any day now and any negotiations for that could easily be proven in Court to have been in progress and being worked on in the pipeline long before Dave Donaghy was ever employed by us, this is also likely to be absolutely useless to Melbourne in any future proceedings.

 

[Cult]

If they’ve released him from his contract already how can they stop him from working?

 

[Kooly87]

That was going to be my next point, why fight it? If in six months or five now he can work freely why fight it for six months and cost money?

Put Monaghan in there until June, Donaghy can float around and learn the role and then take over, take the fight away from the Storm.

If all they're gunning for is annoyance and a fight- don't give it to them. Broncos have bigger things to fight and fix than this- I would be focusing on football and not taking on another fight; when in 6 months you can get what you want anyway with very little impact on the previous six months.

I think this might be a misunderstanding of the issue itself. To be clear, it's not the Broncos who would be instigating this fight. The proceedings would have to be brought on Donaghy, not the Broncos, by Melbourne. It would then be up to Donaghy to contest this personally as it's got absolutely nothing to do with the Broncos.

In practicality we may be prepared to fund this on his behalf, but we as a party have no actual legal status in this instance as the Broncos certainly don't have any agreement with Melbourne, Dave Donaghy has one personally and the Court can only deal with the parties involved in this specific contract between Donaghy and Melbourne.

 

[Foordy]

In saying that, it does smell of complete inept from the board. You dont go announcing a CEO starting when the legal ground hasnt been completely cleared. If you do, you must be sure 100000% theres no fallout and have the guns to shut it down immediately - for the sake of PR and reputation.

we're not like a normal rugby league club, there are different requirements that apply to us because we are listed on the ASX.

and it's not like there is any question about who will be the next Broncos CEO; the only question is when he will be starting in the role.

I have no doubt that Tripp is doing this for 2 reasons: 1. because he is a petty little bitch; and 2. because he is trying to string this out until Bellamy has made his decision, he doesn't want Donaghy to be in a position where he may be able to influence that decision and sway him away from the Storm

 

[1910]

I think this might be a misunderstanding of the issue itself. To be clear, it's not the Broncos who would be instigating this fight. The proceedings would have to be brought on Donaghy, not the Broncos, by Melbourne. It would then be up to Donaghy to contest this personally as it's got absolutely nothing to do with the Broncos.

In practicality we may be prepared to fund this on his behalf, but we as a party have no actual legal status in this instance as the Broncos certainly don't have any agreement with Melbourne, Dave Donaghy has one personally and the Court can only deal with the parties involved in this specific contract between Donaghy and Melbourne.

Fair point but doesn't change much- Broncos should just say let it go mate we will see you in June. Monaghan can do it until then. Save yourself money and he gets a break before work. Storm are cranky you don't care- wins all round.

 

[Kimlo]

Fair point but doesn't change much- Broncos should just say let it go mate we will see you in June. Monaghan can do it until then. Save yourself money and he gets a break before work. Storm are cranky you don't care- wins all round.

And he should just lose 6 months salary to some frivolous legal claim?
No way. You fight back against bullies, you don't lay down and take it.

 

[007]

Fair point but doesn't change much- Broncos should just say let it go mate we will see you in June. Monaghan can do it until then. Save yourself money and he gets a break before work. Storm are cranky you don't care- wins all round.

By my counts it would be end of August at this stage.

 

[1910]

And he should just lose 6 months salary to some frivolous legal claim?
No way. You fight back against bullies, you don't lay down and take it.

He's not being bullied; he signed the agreement and has lived happily with it for years. Just saving trouble and not getting caught up in something you don't need to be. If it drags on for six months he can't work until then anyway- so he's paid a lot of money to be able to start work when he could have started- that would be a negative gain.

They want you annoyed and fight it, go sit at the Sunny Coast and not care.

 

[1910]

By my counts it would be end of August at this stage.

Could a court case not go longer? Potentially he is fighting this longer than August and he could have been working for the Broncos by then.

 

[broncos4life]

He's not being bullied; he signed the agreement and has lived happily with it for years. Just saving trouble and not getting caught up in something you don't need to be. If it drags on for six months he can't work until then anyway- so he's paid a lot of money to be able to start work when he could have started- that would be a negative gain.

They want you annoyed and fight it, go sit at the Sunny Coast and not care.

**** that.

a) We should just lie down to the will of the Storm? Great example to the rest of the club.
b) We need a good CEO now, if the guy you keep suggesting works as caretaker is so good why did we hire Donahgy?

 

[1910]

**** that.

a) We should just lie down to the will of the Storm? Great example to the rest of the club.
b) We need a good CEO now, if the guy you keep suggesting works as caretaker is so good why did we hire Donahgy?

I am just assuming he could do it because he's on the board works for News Ltd. Two things I would assume would get the job done for a while.

 

[Kooly87]

Could a court case not go longer? Potentially he is fighting this longer than August and he could have been working for the Broncos by then.

The Storm would need to seek an injunction to have him barred from his Broncos role until it was resolved in Court, but this is extremely difficult to achieve in Court especially as Donaghy could rightly claim that he relies on this income to support himself and his family. Highly unlikely the Court would impose such an injunction on Donaghy.

 

[Cult]

Could a court case not go longer? Potentially he is fighting this longer than August and he could have been working for the Broncos by then.

It’s almost like you don’t want him to start at here right away or something