If he sits it out he wouldn't be getting paid either, no work no pay just not allowed to work for someone else, it would be Milfs choice play and be paid or sit out with no pay, doubt Dragons paid Tallis when he sat out the year.
[OFFICIAL] Anthony Milford to Broncos
- Thread starter Big Pete
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broncos4life
International Captain
- Oct 5, 2011
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The only way you can make him sit out is if he is still contracted to you, and if he is contracted to you you pay him.
Wouldn't be making him sit out though that would be his choice. Do you think Dragons paid Tallis when he chose to sit out?
- Feb 27, 2010
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Exactly, I'd like to see the Raiders try to not only not allow Milford to play, as not paying him as well.
Actually, I'd really like for this to got to court, just to find out the clause's wording and how much of a **** Don Furner really is, after just poaching Sticky from the Eels for practically the same reasons.
The yadda yadda used by the Raiders about Sticky's clause being clearer will probably only enhance the fact the Raiders never intended to honor the clause Milford asked for as a condition of re-signing.
- Feb 27, 2010
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You don't get it, do you? If you want to stop paying him, you'll have to terminate his contract. It is illegal to maintain someone under employ and not pay him!
He would be the one in breach of his contract, if he returned to Qld and played for Logan that would be another story.
Once again did Dragons pay Tallis?
- Apr 26, 2008
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If Milford played that game then the NRL would likely refuse to register him with us, otherwise some other players might try that tactic on.
Xavier
NYC Player
- Mar 24, 2013
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No wonder you Raiders fans like Ricky Stuart. You're exactly the same.
More pride than sense, and stupidly stubborn.
You sack your best players, then cry to the NRL saying you're best talent get poached?
Then you try and group Milford, who's done nothing wrong, with the likes of Carney, Dugan and Ferguson.
More pride than sense, and stupidly stubborn.
You sack your best players, then cry to the NRL saying you're best talent get poached?
Then you try and group Milford, who's done nothing wrong, with the likes of Carney, Dugan and Ferguson.
- Feb 27, 2010
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I have no idea whether Tallis was paid of not, and it doesn't matter who is in breach of contract. You simply cannot maintain someone under employ and not pay him!
You would have to terminate his contract to stop paying him, and then attempt to prevent him from signing a contract with a different employer. Good luck with that!
coreyh88
NRL Player
- Sep 24, 2012
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If the raiders show that they really are scum and refuse to release him. He should purposely drop every bomb in round one. They will drop him but he will have to come to training at which point he should get in the way of everyone so that they have to ban him from training (dependant on time frames he could do this first). At this point he flies to brissy while being paid still.
Xavier
NYC Player
- Mar 24, 2013
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All he has to do is not return to Canberra for pre season. The Raiders will sack him after 2 weeks. The Broncos will sign him.
The Raiders will appeal.
Then Ayoub and Milford will give the NRL the sad story about how his dad is sick, and they tried all avenues with Canberra but the Raiders left them no choice but to walk away.
Broncos sign him, Raiders get no transfer fee.
- Feb 27, 2010
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That is an entirely different thing, and something the Raiders would have to argue with the NRL, whom would have no reason not to register the contract.
Fact is that legally, regardless of who breaches it, you can only stop payment once you terminate the contract. You cannot, it is illegal to maintain someone under employ without paying him. You also cannot use the subterfuge of keeping disciplining the person with fines to artificially not pay.
There is no way either would ever stand up in court under restrictions of trade laws. Either you enforce the contract and keep paying, or he plays somewhere else, simples!
So Porthoz, try being under contract and stop going to work, do you really think your boss will keep paying you when you're not honoring your end of the contract, they have the choice whether to then sack you or not but fact is if you choose not to go to work they don't need to pay.
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- Feb 27, 2010
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No, that's absolutely incorrect. The only tool an employer has in such a case, is termination. Not paying without the former is not a legal option!
They can sack me under fair dismissal rules, but they still have to pay me until the contract is effectively terminated. Once again, this is LAW!
They could also try to sue me after termination to recover from loss due to my work performance, but I cannot stress this enough, they cannot stop paying me while I'm under contract.
I bleed Maroon
International Rep
- Apr 17, 2013
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Why the **** are you people feeding the Green trolls? There will be plenty of time for jabs when Milf leaves them.
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