Rumour Eagles to keep Mitchell

[Gralin]

If they sign a contract for a certain time frame then yes

So you'd happily hand over a chunk of after tax pay to your employer for the privilege of being able to quit your job even though legally you are under no obligation to do so?

 

[Miguel Sanchez]

So you'd happily hand over a chunk of after tax pay to your employer for the privilege of being able to quit your job even though legally you are under no obligation to do so?

It's a contract, same as any other.

If it's for a fixed term and you terminate it early, you can be liable for the costs incurred by the other party due to your breach.

 

[Gralin]

It's a contract, same as any other.

If it's for a fixed term and you terminate it early, you can be liable for the costs incurred by the other party due to your breach.

Fixed term contracts don't fall under unfair dismissal rules so can be ended at any time by the employer
Employers cannot refuse resignations from employees

I can find plenty of legislation around what employees are entitled to as pay outs when leaving employment but can't find anything about being liable for employers costs to replace them.

Care to point me to the relevant documents?

 

[Miguel Sanchez]

Fixed term contracts don't fall under unfair dismissal rules so can be ended at any time by the employer
Employers cannot refuse resignations from employees

I can find plenty of legislation around what employees are entitled to as pay outs when leaving employment but can't find anything about being liable for employers costs to replace them.

Care to point me to the relevant documents?

The most relevant document is Mitchell's employment contract. The rest is common law. I can't really explain the conjunction of employment law and contract law in a Bigfooty post.

And fixed term contracts can be ended at any time by the employer without the employee having the right to pursue an unfair dismissal claim, but they're still entitled to claim common law damages from the employer.

 

[Kwality]

The most relevant document is Mitchell's employment contract. The rest is common law.

& the whole thing has been handled by both parties with common sense

 

[Luv_our_club]

The most relevant document is Mitchell's employment contract. The rest is common law. I can't really explain the conjunction of employment law and contract law in a Bigfooty post.

And fixed term contracts can be ended at any time by the employer without the employee having the right to pursue an unfair dismissal claim, but they're still entitled to claim common law damages from the employer.

Fixed term contracts cannot be ended at any time by the employer. It would depend on the terms of the contract, but most are "fixed". Do you mean casual?

The rest is not common law. It is also statute.

You might be blending "fixed term" with "contractor".

 

[Miguel Sanchez]

Fixed term contracts cannot be ended at any time by the employer. It would depend on the terms of the contract, but most are "fixed". Do you mean casual?

The rest is not common law. It is also statute.

You might be blending "fixed term" with "contractor".

I don't mean casual, or contractor. I mean a fixed term contract such as Mitchell's four year contract.

Either side can end it early but it's a breach of contract and damages will flow from that.

If there's a statute dealing with that situation I'm not aware of it. It's not covered by the Fair Work Act, unlike the unfair dismissal regime that the other poster was referring to.

 

[Luv_our_club]

I don't mean casual, or contractor. I mean a fixed term contract such as Mitchell's four year contract.

Either side can end it early but it's a breach of contract and damages will flow from that.

If there's a statute dealing with that situation I'm not aware of it. It's not covered by the Fair Work Act, unlike the unfair dismissal regime that the other poster was referring to.

So we agree, they can't end it early... without damages... like every other fixed term "employment" contract. It sounded like you said they had the right to dismissal without cause.


Re common law v statute... there are provisions in the FWA you cannot contract out of.

Enjoying the convo.

 

[Miguel Sanchez]

So we agree, they can't end it early... without damages... like every other fixed term "employment" contract. It sounded like you said they had the right to dismissal without cause.

I literally said the opposite in the second half of the same sentence but yeah I think we're all on the same page now.

Hopefully WCE and Mitchell are too.

 

[Isaac Cumming No 1]

I don't mean casual, or contractor. I mean a fixed term contract such as Mitchell's four year contract.

Either side can end it early but it's a breach of contract and damages will flow from that.

If there's a statute dealing with that situation I'm not aware of it. It's not covered by the Fair Work Act, unlike the unfair dismissal regime that the other poster was referring to.

There us anti slavery legislation though, and much precedent in common law since the end of serfdom.
Anyone can walk away from any employment contract at any time.

 

[DapperJong]

Anyone can walk away from any employment contract at any time

Just can't nominate the next place of employment.

 

[Isaac Cumming No 1]

Just can't nominate the next place of employment.

Nonsense.

 

[DapperJong]

Nonsense.

I know who would ever suggest such a thing

 

[Isaac Cumming No 1]

I know who would ever suggest such a thing

So now you sink to stalking me around threads making innaoropriate comments because I dont like your trolling.

Poor widdle fella.
Trippetty trap, how's life under the bridge?

 

[DapperJong]

So now you sink to stalking me around threads making innaoropriate comments because I dont like your trolling.

Poor widdle fella.
Trippetty trap, how's life under the bridge?

Great

 

[Miguel Sanchez]

Just can't nominate the next place of employment.

Not quite.

If there's a no-compete clause then the employee might be held to that. For example Gary Buckenara and Paul Harding were unable to walk away from their contracts with Hawthorn and join West Coast, but Buckenara was permitted to play WAFL if he wanted to.

 

[DapperJong]

Not quite.

If there's a no-compete clause then the employee might be held to that. For example Gary Buckenara and Paul Harding were unable to walk away from their contracts with Hawthorn and join West Coast, but Buckenara was permitted to play WAFL if he wanted to.

I wasn't actually trying to contribute.

 

[kriles76]

Happy wife, happy life by the sounds of it.

 

[DERO]

Sounds a bit opportunistic this bloke.

 

[DERO]

Was his contract front-ended as well?

 

[Harry Hawks]

https://coupler.foxsports.com.au/ap...h/news-story/29b97c16dbfe9de2d94880a7607afde5

Welcome home Sammy

 

[Sainter3and7]

"Eagles to keep Mitchell" - good call, bad call?

 

[Brave Sir Robin]

Seems to have had an absolutely incredible impact as an assistant coach in his short time at West Coast. All the players speak very highly of him and the specific lessons he taught them. I desperately wish we could have kept him for the full four years but he leaves having been part of our latest flag and hopefully our players have taken advantage of their time with him to learn lessons that will hold them in good stead for the rest of their careers. Good luck and all the best at the Hawks.

 

[Scotland]

"Eagles to keep Mitchell" - good call, bad call?

He was 100% going to stay until he didn't.

So my sources at NMFC were right.

 

[bzparkes]

Helped deliver a flag so can hardly be salty at his exit. These things happen. Thanks for your service Mitch.