Salary Cap Witch Hunt. **Appeal unsuccessful**

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yokahontas

Bencher
http://www.smh.com.au/rugby-league/...in-nrls-salary-cap-probe-20170725-gxikkh.html

Details the Integrity units rights discussion as stated below:

Clause 109 of the NRL's Code of Conduct, titled 'Full and Free Access to Club Record' states, under the sub-head 'Copying Computer Data 48': "In any case where the NRL Integrity and Compliance Unit (or any person who is the subject of a delegation under Rule 41) believes that records of the kind referred to in Rule 45 have been saved, stored, copied or backed up on an Internet server, laptop, computer hard drive, portable hard drive or other device (including computer tablets and smart phones) and considers that it is necessary to examine, copy and/or download those records, the NRL Integrity and Compliance Unit (or any person who is the subject of a delegation under Rule 41) may: (a) Take possession of the computer hard drive, laptop, portable hard drive, Internet storage server or other device to enable that to occur; (b) Download from the Internet server any stored data including emails; (c) Copy data from a laptop, computer hard drive, portable hard drive or other device; (d) Take an entire copy of the data on an Internet server, laptop, computer hard drive, portable hard drive or other device using imaging or similar technology."

Although the SMH think that the above outlines why the NRL can take the information - to me the reason Manly don't have to is written in the title "Full and Free Access to CLUB Record"... NOT PERSONAL.

Yep. If my employer (or an overarching governing body) wants me to hand over personal electronic devices, they'd bloody well better turn up with a proper search warrant - which, incidentally, has to state specifically what they're looking for.

You want the items you issued to me? No problem. But my personal stuff - get stuffed.

This is one of those cases where the NRL can have their own 'rules' and they're enforceable to a point - the point where the 'rule' contravenes an actual law. Show us the search warrant or piss right off.
 

MadMarcus

Toovey for NRL CEO
I wouldn't ask Rusty to hand over his phone - that could get out of hand very, very quickly!

Not if they distract him with a burger first...

article-0-14B5ACB4000005DC-25_468x563.jpg
 

Kevinward777

First Grader
I find it hard to believe that the club or Penn demanded sacked staff hand over anything that wasn't issued to them in the first place by the 'club' regardless of who owned the club at the time they were provided to the employees.

I know where I work if you leave the company you are required to hand back everything as well including phones/laptops etc.

Also Bozo is the Head of Football- he is probably above the mere employees who can't take leave during the season - with rank comes privilege!

It happens all the time in the real world!
Spot on, as if Penn or anyone else for that matter demanded ex staff to hand over their iPhones, laptops etc....it's beyond ridiculous if people actually believe this. Did the Manly club reimburse each person the money they forked out for their devices. Who makes this stuff up, and more worrying is that some people actually buy this outrageous crap. I can totally understand people not wanting to hand over their personal hardware, anything could be on it. At the end of the day they're all just people. Imagine if you had photos of your partner in skimpy clothing etc... the embarrassment or potential damage to a career or reputation if it fell into the wrong hands could be irreparable. Look at the blow up over that guy from the AFL. Personal property is just that and the NRL can carry on as much as they like but it doesn't change the facts. I believe they know they've got nothing so they put this unfair request forward fully aware that it is won't be met so they don't look as corrupt and prejudiced as they are. Case in point is the whole match fixing claims. After a year we are cleared, there's no formal apology for the damage it caused the club or the sponsors that were lost. They just roll it over into something else. Agenda driven wankers run the game, and that's what should be investigated.
 

Bearfax

Grizzly old fart
This pathetic NRL management are further embarrassed by the unworkable nature of the TPAs they have in place and the corruption no doubt occurring across the League, which their crazy policies created. I suspect given financial limits Manly is one of the least likely taking advantage. Brisbane, Sydney City, Canterbury come to mind. But the League are embarrassed by the police claim, which have come to nought, and want a scapegoat. The others mentioned are too powerful to take on. They need to be given their severance pay, now.
 

SeaEagleRock8

Sea Eagle Lach
Premium Member
Tipping Member
If my employer (or an overarching governing body) wants me to hand over personal electronic devices, they'd bloody well better turn up with a proper search warrant - which, incidentally, has to state specifically what they're looking for.
Even worse noting the recent 'information sharing' agreement between police and the NRL.

Police can't go seizing things willy nilly without a search warrant granted after establishing reasonable grounds. Why? Because we are not yet a police state and people have rights of privacy and suspects have the right to silence.

All out the window if the NRL can trawl bulk material and pass it straight to the cops. It is not just Manly's lawyers that should be all over this, it is the Player Association and all the clubs.

"Fairfax Media understands a formal agreement between League Central and NSW Police was signed off only last month – the likes of which are rare for sporting bodies – to allow greater co-operation between the two organisations.

The NRL's integrity unit and the NSW Police may now work in tandem on several projects thanks to its new MoU, which strengthens the bind between the two parties after allegations of match fixing rocked the game last year
."
http://www.smh.com.au/rugby-league/...standing-with-nsw-police-20170707-gx6rgx.html
 

Wombat64

Game day lubrication specialist
Premium Member
Tipping Member
This stinks to high hell. Just last year the RTool had money deposited into his gambling account by that crook Hayson, with RTool admitting they were good mates. Surely that issue is worthy of the police and intergrity unit's time, as that will be the path to corruption in the game.
who is this rTool that you speak of?
 

Wombat64

Game day lubrication specialist
Premium Member
Tipping Member
I can summarize The Kennel's Forum in three statements:

1. Des is a c*nt
2. The board are c*nts
3. Raylene Castle is a c*nt

Now, I've pretty much just summarised the last half a decade of posts over there :)
You missed useless ....... as in Des is a useless c*nt, the board are useless c$nts
 
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I thought it was unanimous?


Don't worry, I have exceedingly few areas of expertise (maybe spelling) but always happy to share.

My earlier point (and forgive me if it was crudely expressed) is that the argument 'they wouldn't investigate unless there was something wrong' is worse than naïve, and that's not a matter of expertise, just common sense.

And you're right, this place is for all opinions, people will try to shoot you down if they don't agree but that's fine.


True, true...i thought you were just being a Mr know it all. All good! Yeah I must say im pretty naive in that aspect, in regards to how the investigations work.
 

Mark from Brisbane

“ Boomer still Booming”
Premium Member
Tipping Member
True, true...i thought you were just being a Mr know it all. All good! Yeah I must say im pretty naive in that aspect, in regards to how the investigations work.

Let me suggest to you that SER8 probably has a greater understanding of it than any other person on the forum.

When he speaks, we listen.........lol ( sorry had to add that in).
 

lulubelle

Reserve Grader
I find it hard to believe that the club or Penn demanded sacked staff hand over anything that wasn't issued to them in the first place by the 'club' regardless of who owned the club at the time they were provided to the employees.

I know where I work if you leave the company you are required to hand back everything as well including phones/laptops etc.

Also Bozo is the Head of Football- he is probably above the mere employees who can't take leave during the season - with rank comes privilege!

It happens all the time in the real world!
Firstly they did demand sacked staff hand over their phones and laptops. The bullying was intense. Secondly to make the comment about Bozo and privilege taking leave - you obviously haven't worked in the football business. In the world of rugby league it is a huge no to take time off during season. Besides which what gives him the right to take time off over Trent Barrett or anyone in the front office during the season?
 

Bearfax

Grizzly old fart
Look. I'm no solicitor, but I worked in the criminal justice system for over three decades. I know of no legal right for any business, no matter how structured, that can demand of employees and other private citizens, to examine their private possessions. With care there are agreements to check employees as they leave work each day in case of theft, but its limited. Only persons authorised such as police have that right, and then as mentioned they may even require a search warrant. These demands by the League are, as far as I can determine, not legally sanctioned. An employee works for a company for a set duration each working day. But the employee is not owned, and when they leave work, their activities are their own. They may be sanctioned if their behaviour publicly embarrasses the company, but that would be covered in the contractual agreement. I cant see any individual signing to give a company the right to interfere with their personal activities, unless there has been a proven transgression. There is none as far as we know, so going on a witch hunt is crossing the line.

If they fine Manly, because private citizens working for them are unwilling to allow their possessions to be examined, I believe Manly would have a right to sue. I dont think even Manly has the right to examine their employee's possessions. Now I dont know the contractual agreements between clubs and the NRL, and what they cover, but I doubt that it can include private citizens, even as employees. Certainly the documentation of the business can be examined, if that's in the contract, but I cant see how that could possibly apply to employees private possessions. They are not police and have no such authority. Unless I'm reading this incorrectly the League is either bluffing, or they are not being well advised legally. Of course there may be issues of which I'm unaware, but on the surface, I cant see how the League has such legal right.
 

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