Serious breach of duty of care clause.

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Oct 9, 2004
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A quick question, is this new clause only added to Essendon players contracts or do all AFL players have this added to their contracts.
 

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A quick question, is this new clause only added to Essendon players contracts or do all AFL players have this added to their contracts.
Been there a long time.

Before you could walk and had to go to the draft.

Now you can be a delisted free agent and choose where to go. But applies to all clubs.
 
thats the new clause, yes ? what the AFLPA had been chasing for several years.
Yes. but whether it would apply to Ryder isn't confirmed. It's not like most here think of a player just choosing to invoke it.
 
Jan 26, 2006
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Yes. but whether it would apply to Ryder isn't confirmed. It's not like most here think of a player just choosing to invoke it.

Some would argue that just not having full records of what Ryder was injected with at the behest of the club is a serious breech of duty of care.
 
Some would argue that just not having full records of what Ryder was injected with at the behest of the club is a serious breech of duty of care.
Some argue - Peter Gordon for example - that said person continued in their job for a further 2 years and did not want to walk away etc, what causes it now. - incidently that is part of the issue with Essendon's case against ASADA not challenging a rule early enough.

Not saying it couldn't be warranted, just it is far more complex than most think.
 

Chameleon75

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Some argue - Peter Gordon for example - that said person continued in their job for a further 2 years and did not want to walk away etc, what causes it now. - incidently that is part of the issue with Essendon's case against ASADA not challenging a rule early enough.

Not saying it couldn't be warranted, just it is far more complex than most think.

good point, although if infractions are issued that would change things.
 
Jan 26, 2006
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Some argue - Peter Gordon for example - that said person continued in their job for a further 2 years and did not want to walk away etc, what causes it now. - incidently that is part of the issue with Essendon's case against ASADA not challenging a rule early enough.

Not saying it couldn't be warranted, just it is far more complex than most think.

Isn't Ryder entitled to change his mind?
Especially if his wife is beginning to get concerned?

The fact that Ryder may have not cared in the past does not mean it's no longer a failure in Essendon's duty of care.
 
Isn't Ryder entitled to change his mind?
Especially if his wife is beginning to get concerned?

The fact that Ryder may have not cared in the past does not mean it's no longer a failure in Essendon's duty of care.
I think that is a complex answer rally. As I said, I'm not saying it woudn't get up, it isn't a simple though as the HTB seem to think in a legal sense.

Part of Essendon's issue with their court case was Middleton believed players should have questioned the AFL's rights to compel during the interview.

I just think plenty from both sides seem misunderstand it. I'm not saying he wouldn't be enabled - just there is more to the question than most knoe
 
Aug 29, 2005
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Some argue - Peter Gordon for example - that said person continued in their job for a further 2 years and did not want to walk away etc, what causes it now. - incidently that is part of the issue with Essendon's case against ASADA not challenging a rule early enough.

Not saying it couldn't be warranted, just it is far more complex than most think.

He could argue he thought he was getting Vitamin C injections and until it was proven otherwise had no reason for concern since the investigation he now does.
 
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I think that is a complex answer rally. As I said, I'm not saying it woudn't get up, it isn't a simple though as the HTB seem to think in a legal sense.

Part of Essendon's issue with their court case was Middleton believed players should have questioned the AFL's rights to compel during the interview.

I just think plenty from both sides seem misunderstand it. I'm not saying he wouldn't be enabled - just there is more to the question than most knoe

You position is pretty fair.

I'm also not convinced it's something either party really want to test out in court.
Chance are a trade is going to end up going through for a bit less than Ryder's value.
 

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parano1a

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He could argue he thought he was getting Vitamin C injections and until it was proven otherwise had no reason for concern since the investigation he now does.
Bit hard to argue that given the signed consent forms which made reference to "thymosin", etc
 
You position is pretty fair.

I'm also not convinced it's something either party really want to test out in court.
Chance are a trade is going to end up going through for a bit less than Ryder's value.
Agree.

The feeling I get with Ryder is part of the decision of where he goes will be who offers the best (or, an acceptable) deal with Essendon, keep both sides happy.
 
Bit hard to argue that given the signed consent forms which made reference to "thymosin", etc
I don't think that was his point.
He meant more if he believed he was getting drug A and found he was getting drug B, and only found that out now it would likely be an acceptable breach. If they only got what they signed for well, it becomes difficult.

An infraction would be a likely way out saying you were mislead.
 

Gavstar

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Some argue - Peter Gordon for example - that said person continued in their job for a further 2 years and did not want to walk away etc, what causes it now. - incidently that is part of the issue with Essendon's case against ASADA not challenging a rule early enough.

Not saying it couldn't be warranted, just it is far more complex than most think.

Umm return of the coach under which serious breaches of duty of care happened would be sufficient in my view. A coach which is apparent from the court case hold others to blame such as Doc Reid when it happened under his watch.
 
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Bit hard to argue that given the signed consent forms which made reference to "thymosin", etc


Why not? Spike was adamant they were Vitimins even though he allegedly signed for something else.
 
Aug 25, 2003
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Some argue - Peter Gordon for example - that said person continued in their job for a further 2 years and did not want to walk away etc, what causes it now. - incidently that is part of the issue with Essendon's case against ASADA not challenging a rule early enough.

Not saying it couldn't be warranted, just it is far more complex than most think.
But up until SC notices were issued, the player could argue that he believed the club's stance that nothing bad had happened.
 

stanley86

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There were massive rumblings and rumours that Paddy wanted out last year but was convinced to stay
Could he also use that basis in his argument? let's say it went along similar lines

2013
PR " I want out, over this crap, don't know what you gave me"
EFC "It's all good mate, it was all legal, here is all the info, ASADA aren't coming near you, your family is perfectly safe"
PR " Ok sounds good, I will stay"

2014
ASADA "Here Mr Ryder, please tell us why you shouldn't be banned for using TB4"
PR "WTF EFC, you told me all was good"
EFC "Yeah yeah, all good, small hiccup, we will get it squashed in court"
Fed Court "ASADA were perfect"
PR "Im out, you have lied to me and I want nothing to do with you"

As DonsRule says, it is highly complex, yet it may hinge on past conversations
 

scottjr

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The infraction notices issued will make it clear that Paddy has been misled by the Bombers and if he had the evidence that is clearly available to ASADA that Essendon did mislead him when he signed the previous contract then he would not have signed. It's not even close. Infraction notices get issued Essendon do not have a snowballs chance in hell of holding Paddy to the club. Forget bluster and BS the Bombers PR machine put out forget "you never know what is going to happen in court" it's not remotely close.
 

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