Who will decide

[Russ]

FOIT
Time to boycott the papers

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[Andy_in_France]

This is the mother of all witch hunts and it seems that some will not let it die until they have their pound of flesh. If there is anger and venim directed at Ulster Rugby BEFORE any decision is announced, I struggle to imagine what it will be like if the decision is made to let PJ and SO play again. This is a long long way from being over.

[Setanta]

Just 'unsubscribed 'Off the Ball' and the IT.

[Rooster]

Just read that list and know 7 of the actual people involved and responses as expected, no comment actually means "for fecks sake give over, they were not guilty" and that includes 2 females views.

[Cockatrice]

Some of us previously mentioned sponsorship pressure already being expressed a few weeks back now that is at least being seen more publically. Some of it is keeping themselves right some is out of genuine concern that the IRFU may not have robust systems in place for off the field displinary matters.

Be under no illusion that sponsors aren’t queuing up to sign UR up for the sums of money we previously experienced and also bear in mind with no BBC coverage coming and a possibility of second division European rugby also coming some sponsors are positioning themselves for either getting out anyhow or reducing their financial support with this now a somewhat convenient excuse.

[Snipe Watson]

Look relax. the press are doing what the press do. They are agitating trying to make as much controversy as possible to sell papers. Ignore them they are parasites.
Sponsors are all employers too and know the realities of employment law.

[Cockatrice]

It all hinges on how tight and well written their contracts and Code of Conduct are. If there is a clear breach that amounts to gross misconduct, they can be fired and KRW Law can do little to help them.

If there is a clear breach of contract then it would be black and white and they'd already be gone surely? Their contracts can't be that long that it takes the IRFU solicitors a week minimum to find the killer clause! Probably months in reality.

I think most of us reasonable folk would say that if such a clause exists then they have no excuses and everyone would abide by it. What will pìss me off would be off-loading them based on who shouts the loudest. That's what KRW are for.


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it will be the disrepute clause - so not quite black and white (in the sense that while it can obviously be invoked in this case, sanctions still have to proportionate). That’s why I’ve always said imo the players can’t be ‘forced out’ unilaterally against their will.

IMO the long delay is due to either the IRFU putting in place PR strategy having decided the players can stay (as well as making sure there were no more nasties after the embargo was lifted) - or negotiating terms to terminate contract by mutual agreement

Any disciplinary action will indeed have to be proportionate and it will also likely take account of any previous disciplinary action or behaviour. So as long as no one has done anything previously that has brought them unnecessarily to the attention of the employers ie in the form of previous warning no one should have much if anything to fear..

[Russ]

Are they employees or contractors ?

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[Columbo]

Are they employees or contractors ?

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I’d imagine employees on fixed-term contracts

[Snipe Watson]

[

[rumncoke]

IF Ulster/or the IRFU pay the National Insurance etc for them then I would consider them to be employees.

[Big-al]

Stephan Nolan talking about this (BOI) now

[Andy_in_France]

Stephan Nolan talking about this (BOI) now

No doubt he will bring a voice of reason to the whole affair!

[Snipe Watson]

It all hinges on how tight and well written their contracts and Code of Conduct are. If there is a clear breach that amounts to gross misconduct, they can be fired and KRW Law can do little to help them.

If there is a clear breach of contract then it would be black and white and they'd already be gone surely? Their contracts can't be that long that it takes the IRFU solicitors a week minimum to find the killer clause! Probably months in reality.

I think most of us reasonable folk would say that if such a clause exists then they have no excuses and everyone would abide by it. What will pìss me off would be off-loading them based on who shouts the loudest. That's what KRW are for.


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it will be the disrepute clause - so not quite black and white (in the sense that while it can obviously be invoked in this case, sanctions still have to proportionate). That’s why I’ve always said imo the players can’t be ‘forced out’ unilaterally against their will.

IMO the long delay is due to either the IRFU putting in place PR strategy having decided the players can stay (as well as making sure there were no more nasties after the embargo was lifted) - or negotiating terms to terminate contract by mutual agreement

Any disciplinary action will indeed have to be proportionate and it will also likely take account of any previous disciplinary action or behaviour. So as long as no one has done anything previously that has brought them unnecessarily to the attention of the employers ie in the form of previous warning no one should have much if anything to fear..

Any previous disciplinary actions are only on an employee's record for a specific period of time. If for example Paddy was given a warning over the blacking up photo. That warning would have been removed from his record long ago. I don't think there is a statutory limit on a warning, but it will be stated on the disciplinary procedure statement. I would presume the timeframes are within normal range. I've never seen a warning period longer than two years.

[big mervyn]

I've never seen a warning period longer than two years.

Yours have all expired then Snipe?