THE NRL could face significant legal issues if it follows through on its threat to ban players from the competition if they join the rebel R360 competition.<\/p>\n
As many as 12 NRL stars have been linked to the rebel rugby competition that has substantial financial backing from England, American and Saudi Arabian consortiums.<\/p>\n
Australian Rugby League Commission chair Peter V’landys has spoken publicly about deterring players away from R360 including potential bans from the NRL.<\/p>\n
According to Brydens Lawyers’ Lee Hagipantelis, Andrew Abdo and Peter V’landys may not have the legal standing to suspend players from returning to the NRL.<\/p>\n
“It’s an interesting one,” Hagipantelis told SEN 1170 Breakfast.<\/p>\n
“The NRL can attempt to impose some sanctions to preclude a player from returning.<\/p>\n
“However, I have no doubt that the NRL would face some significant legal hurdles under Australian employment and contract law.<\/p>\n
“It would likely be subject to a challenge. Any restriction on a person’s ability to work or trade is void unless it can be established that it’s in the reasonable commercial interest to the party and public interest.<\/p>\n
“The NRL is not the player’s employer. The player is employed by the club.<\/p>\n
“If the NRL were to veto a player’s contract for playing in a rebel league, on balance, the interest of judgement would serve the player more than the NRL.<\/p>\n
“The NRL would have a lot of difficulty establishing that it was a reasonable restraint of trade.<\/p>\n
“The courts take a very liberal view over people’s entitlement to work for an employer of their choice.<\/p>\n
“The courts do not look favourably on any unfair restraints.”<\/p>\n
Hagipantelis, alongside former Wests Tigers CEO Justin Pascoe, owns a 25 per cent stake in Maverick Sports Partners who have stakes in the Newcastle Jets A-League Men franchise as well as the Sunshine Coast Lightning Super Netball team.<\/p>\n
Hagipantelis confirmed to SEN that he had met with R360 representatives and warned the NRL and Rugby Australia to take the rebel league far more seriously.<\/p>\n
“Justin Pascoe and I receive a lot of invitations to meet up with people,” Hagipantelis added.<\/p>\n
“I had a coffee with the CEO of R360 and they should not be dismissed so readily as an organisation.<\/p>\n
“There seems to be a lot of money behind the scenes to put together, what they believe to be, an exciting and new league.<\/p>\n
“I don’t think it serves any interest to be so dismissive of who they are. There are a lot of substantial business people and money behind it.<\/p>\n
“They are trying to resuscitate rugby union on a global stage (and) it should be taken seriously.”<\/p>\n
Ryan Papenhuyzen and Zac Lomax are two of the most high profile NRL players to have been linked to R360.<\/p>\n