Results 1 to 8 of 8

Thread: Is the Draft a restraint of trade?

  1. #1
    World Traveller Craig's Avatar
    Join Date
    May 2003
    Location
    Super Happy Fun Sugar Lollipop Land!
    Posts
    34,131

    Is the Draft a restraint of trade?

    Something me and a friend of mine have been talking about, whether or not in sport, if the draft is a restraint of trade. It basically came about as we were talking about how 170 rugby league players were able to take action in the High Court and it was ruled in their favour as "an unreasonable restraint of trade" (Backround article url=http://http://www.smh.com.au/articles/2003/02/08/1044579986324.html]NRL revisits the draft -smh.com.au - 19/2/2003]) back in 1991.

    We were wondering how if league players can take legal action and win, why haven't AFL players or any of the big American sports haven't taken a similar path? Heck, America basically thrives off having a free market system (I know it goes into a bit more detail then that). Just want to know what other people thought.

    FTR I would be in favour of a draft in the NRL if they could come up with a workable system.
    Beware the lollipop of mediocrity. Lick once and you suck forever...

    RIP Fardin Qayyumi, a true legend of CW

    Quote Originally Posted by Boobidy View Post
    Bradman never had to face quicks like Sharma and Irfan Pathan. He wouldn't of lasted a ball against those 2, not to mention a spinner like Sehwag.

  2. #2
    International Vice-Captain Redbacks's Avatar
    Join Date
    Mar 2008
    Location
    NT
    Posts
    4,141
    I think the AFL's case the clubs realise that they can make more money by having an even competetion because the television games are probably more likely to be interesting. If the top 5 rich clubs got an unrestricted salary cap, some of the clubs would possibly fail/become feeder clubs to the wealthy ones and in the end I don't think it would maximise the wages of the players.

    Having no higher comp to go to also quashes the debate about the players not earning what they are worth. Pretty sure the Players Associating want a % of revenue to be given to them which is in line with other major competitions around the globe. Free agency is in the pipeline however.

  3. #3
    Cricket Web: All-Time Legend Mister Wright's Avatar
    Burger Time Champion!
    Join Date
    Aug 2003
    Location
    Brisbane
    Posts
    24,308
    The problem with the NRL is that the salary cap only really, truly works with a draft system. That way the team that finish towards the bottom have first choice over the youngsters.

    Given that players so regularly change clubs these days I think a draft should be considered.
    Cricketweb Colts Captain



    Quote Originally Posted by Richard
    Hayden > Lehmann
    I'm a member of Club Kerry

    I'm Green

    The color of immortality, nature and envy - you are truly a unique person. While clearly the color of nature, you also symbolize rebirth, fertility and hope in the world. On the other side of the spectrum, a natural aptitude to money with green coming to signify money and possibly even *********!

  4. #4
    Englishman BoyBrumby's Avatar
    Join Date
    Aug 2004
    Location
    Locked inside my opium den, surrounded by some Chinamen
    Posts
    44,435
    NRL is always going to struggle with a cap because it's not the only game in town like AFL. Ways will be found to keep truly egregious talents like Joey & Locky (not all necessarily 100% pukka either, I would guess), but when first choice origin and test players like King & Gasnier give it away in their playing primes for the extra quid/Euro up here you know money's a factor.
    - As featured in The Independent.

    "Predictably, the ending of his international career did not end the argument about Pietersen's merits, as an army of informed commentators and Piers Morgan weighed in to defend or attack him."
    - The Guardian's Andrew Anthony


  5. #5
    World Traveller Craig's Avatar
    Join Date
    May 2003
    Location
    Super Happy Fun Sugar Lollipop Land!
    Posts
    34,131
    Quote Originally Posted by BoyBrumby View Post
    NRL is always going to struggle with a cap because it's not the only game in town like AFL. Ways will be found to keep truly egregious talents like Joey & Locky (not all necessarily 100% pukka either, I would guess), but when first choice origin and test players like King & Gasnier give it away in their playing primes for the extra quid/Euro up here you know money's a factor.
    In the salary cap NRL 3rd part sponsorships are at $150k for each team, perhaps changing it to allow each player whatever he likes through 3rd party sponsorships. By all means declare it in the books come auditing time by the NRL.

  6. #6
    International Coach howardj's Avatar
    Join Date
    Nov 2003
    Location
    brisbane
    Posts
    12,688
    From a legal stanpoint, courts look try to determine whether the restraint is unreasonable in the circumstances. Legally, many employment conditions are in the strict sense a restraint of trade (for example Commonwealth workers being forbidden to undertake other employment other than in exceptional circumstances). The courts are concerned with whether that restraint is unreasonable. That the courts found that the ARL draft was unreasonable, doesn't automatically mean that other drafts will be found to be so. Although the chances would likely be fairly high, I would expect.

  7. #7
    World Traveller Craig's Avatar
    Join Date
    May 2003
    Location
    Super Happy Fun Sugar Lollipop Land!
    Posts
    34,131
    What was about the ARL draft that was unreasonable? In my defence, I wasn't yet 6 years old when that happened.

  8. #8
    Hall of Fame Member chaminda_00's Avatar
    Join Date
    Jan 2005
    Location
    Murali CG
    Posts
    16,305
    I was thought players had the option to reject a offer through a draft if they weren't happy with it or the club. Or is it just a case of suck it up and wait till your contract is over before you leave.
    The man, the mountain, the Mathews. The greatest all rounder since Keith Miller. (Y)

    Jaffna Jets CC (Battrick & FTP)

    RIP WCC and CW Cricket

    Member of the MSC, JMAS and CVAAS



Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. Australian Cricket League Draft
    By Mister Wright in forum General Sports Forum
    Replies: 219
    Last Post: 02-09-2009, 07:06 AM
  2. All Time T20 Draft
    By Michaelf7777777 in forum Cricket Chat
    Replies: 85
    Last Post: 21-07-2009, 02:55 AM
  3. *Official Trade Confirmation Thread
    By Simon in forum World Club Cricket
    Replies: 62
    Last Post: 16-04-2009, 05:18 PM
  4. How Trading and the Draft Will Work
    By Simon in forum World Club Cricket
    Replies: 33
    Last Post: 19-03-2009, 06:58 PM
  5. Final Squads
    By Rich2001 in forum World Club Cricket
    Replies: 104
    Last Post: 28-10-2003, 11:59 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •