Breaking Bad: League contracts are signed in invisible ink

By Matt Cleary / Expert

Being surprised and even upset that Ivan Cleary’s been approached to coach Penrith Panthers though he has two years to run on his contract with Wests Tigers is like being part of a community of swingers and upset that your partner is now attracted to someone with whom they’ve just rocked the Casbah.

I don’t know if that analogy is strictly right. But it’s thereabouts. Because the Shareef may not like it, but what does he expect? It’s wife-swapping, fool.

And it is in wife-swapping, so it is in rugby league.

Are you surprised? Upset? That consenting adults are treating contracts as malleable things?

When did we start getting upset again that people are breaking contracts? Is this 1974? We’ll be talking of loyalty next.

If it’s in both parties’ interest to break ‘em they’ll break em, as they’ve been breaking ‘em since these half-smart agents worked out you can play both parties and get them both a result, it’s win-win-ka-ching.

Got a contract? Make a new one! Buy ‘em out! Long as everyone gets paid who thinks they need to be paid, else Des Hasler takes you to court or Gorden Tallis sits out a year, or Sonny Bill Williams up and flies away to France.

I’m no lawyer. A long freakin’ way away from it. But there must be caveats, exemptions, get-out clauses written into these things.

Aren’t there?

Are they written in invisible ink? With clauses that become apparent under pressure?

Anthony Griffin signed on until the end of 2020. Why doesn’t he sue for breach of contract? Did Penrith breach it?

Why didn’t Parramatta sue Ricky Stuart for same? Did Stuart breach his conract? Or just exercise a legal clause within?

As per Penrith.

These things are written by savvy lawyers at ten paces. They agree to things. They insert caveats. And if Parramatta or Anthony Griffin is upset about being punted for another partner, why sign a contract allowing the partner to do just that?

Dunno. But you’d suggest it’s because it’s just the done thing. How things roll in the musical chairs in which NRL stands for Not Really Long.

Would Wests Tigers sue if Ivan Cleary just left? Could they? Or does Ivan have some clause that says he can brush the Tigers, just as the Tigers may have something in the contract that says they can brush him?

Again. I dunno. These things aren’t public.

(Photo: Matt King/Getty Images)

But you can make an assumption that it must be in coaches’ contracts that they can be sacked if the board thinks they’re not going well. Else they’d sue for breach of contract, no?

Maybe it’s how employment contracts roll.

And if the team’s going like busteds – and thus the coach isn’t performing how he was employed to perform, which is to make the team not go like busteds – the board reserves the right to punt the coach.

Seems they’ll pay them out to go. But go they do.

And Anthony Griffin must’ve signed a contract which included that caveat, didn’t he?

People are saying it’s a “bad look” for rugby league but again I say, Shareef! It’s rugby league! Have you not been watching? The whole freakin’ thing looks bad.

Wednesday night you had Phil Gould banging away on a podcast. Anthony Griffin telling his side on the telly.

Bad look? Ha. Stop watching then! You can’t! It’s why we watch: imperfect human beings acting imperfectly.

I’m not sure if fans even care if the coach moves on. Well, they care. Maybe they even think it’s bad. But waddya gonna do? This stuff happens. What can you do as a fan but cop it sweet? Vent in a forum. Prop up the back bar. But fans gig in the whole game is pay to be entertained. They don’t get a say in the cast.

Players come and go. Coaches come and go. Fans pick and stick. It’s a job lot.

I even reckon Tigers fans would understand if Cleary left. I’ll stand corrected. But if they understood Norton Street Leichhardt’s Aaron Woodsy left for a better offer at another club, then they’ll cop Cleary of Collaroy, no?

Griffin said it on NRL 360 – part of the buzz of the coaching game is living on the knife-edge – rooster one day, feather duster the next. And all because of one thing: “W”s in the column.

Well – Griffin had a few Ws. Apparently not enough. Or not pretty enough ones. Big Gussy Gould’s made a big call, and check out the big brain on Brad, as they say.

But he’s brushed a coach who’s been implementing his own plan.

And winning, mostly. The Panthers’ list is sexy-good. And if they win both Griffin and Gould could take credit.

You couldn’t get more rugby league if you ate a Steeden.

People talk of Cleary’s “integrity”, that it might be compromised if he takes the money from Penrith and heads off to coach his son.

(Photo by Anthony Au-Yeung/Getty Images)

But would it? How many of us would understand that it’s just business? And that a bloke’s looking after himself. As everyone does.

And that he got a really, really good offer. And that part of it was coaching his boy.

Players would understand. Players have no loyalty to anything but one’s own bottom line.

Clubs? Ha. Please, they’ll punt players quick as look at ‘em, if they can’t afford ‘em. Coaches, too.
Business is business.

Are we really expecting loyalty? For people to honour contracts that both parties are sweet with dishonouring?

Wests Tigers chair Marina Go said on League Life that it was “poor form” for the Panthers to approach their coach with two years left on his.

She was asked: “Is it unethical?”

Go agreed: “Yes.”

The Wests Tigers are hanging onto Ivan because he’s a super coach and because having terminated Jason Taylor and Mick Potter, and replaced Aaron Woods, Mitchell Moses and James Tedesco with Benji Marshall and Robbie Farah, who else could they get?

“It’s just business,” said Go. “We just want to retain our coach.”

Read: if Cleary really wants to go we want to be suitably compensated by Penrith Panthers’ poker machines.

The Crowd Says:

2018-08-10T09:21:36+00:00

TigerMike

Guest


Did my comments come through here? Or did my phone..

2018-08-10T09:20:17+00:00

TigerMike

Guest


"You're no lawyer" You got that right. Love your article, all the way through. You know who has lawyers, though? NRL admin.. run by a former.. Queensland Premier... This all comes down to how they let it play out, I'd love to write more...'til then

2018-08-10T08:02:21+00:00

Jesse C

Guest


I have seen plenty of fiction being written on this story over the last few days. Whilst it shocks, it sadly does not surprise when hack journos invent 'facts' to suit their narrative. Journalism in this country these days is in a dire state. Pathetic stuff.

2018-08-10T07:56:40+00:00

Jesse C

Guest


It is indeed poor form by rhe panthers approaching Cleary to induce him to break his contract. In fact, it is illegal, and that's why Gould is backing down on his rhetoric and trying to distance himself from the meeting. He claims he didn't even know about it. Just another blatant lie from a man who has made a career out of being a hypocrite. This is much bigger than a player being moved on or a coach sacked. Tigers fans have long been sufferring and when there's finally some stability at the club and they are in the papers for only the right reasons, they are entitled to feel cheated when a rival corporate entity tries to poach a key executive in underhanded circumstances. A player is easily replaced, but if a head coach is poached, it sets the club back years. Everything they have been working towards goes out the window. The panther's approach was unethical, immoral and just plain wrong. It is a daming inditement on society if behavior like this is accepted as the norm. Terrible article.

2018-08-10T06:38:12+00:00

Brendan Jones

Roar Rookie


well said randy M, the 21st century attention grab article are a pathetic attempt for click bait. what has happened to real articles written by real journalists??? Not to discredit this author but this article is a little pointless. As long as we are slaves to the almighty dollar, this will continue to happen. Money rules the NRL, always has (since 1998) always will.

2018-08-10T06:33:03+00:00

Nat

Roar Guru


Yeah, some type of an exclusion period is what I was referring too. Cleary breaking contract just because he has a better offer surely doesn't fit within a predetermined extenuating circumstance of his contract. Further, Penrith may be willing to pay out his contract and then some extra but it still leaves a coaching role to fill.

2018-08-10T05:58:08+00:00

RandyM

Guest


nice to see no preview of tonights huge game and oldest local derby, but about 58 articles about cleary and gould vs griffin.... while i'm not attacking the writer of this particular article it just shows that most reporting and "journalism" these days is just a grab for attention

2018-08-10T05:10:03+00:00

Mushi

Guest


You can't use a single data point for market value. Not saying the value is wrong just not reasonably supported. But that said if your hypothetical plays out then sure let's see what the response is from the NRL, though Glen Stewart and Folau cases suggest it's a stretch. Even then surely even gus isn't that cavalier, you're better off missing by a defensible discount and avoiding the scrutiny

2018-08-10T04:40:08+00:00

ScottWoodward.me

Roar Guru


hi mushi, Nathan is worth $1.2m on the open market based on Ben Hunt's contract at the Dragons. Let's see what part of that is attributed to the cap.

2018-08-10T03:47:38+00:00

John

Guest


Imagine the payout Panthers would have to fork over if they did extend it, prior to this breaking out.

2018-08-10T03:31:26+00:00

Chris.P.Bacon

Guest


Fair call re: Parra, Kurt...and nice 'turf' joke in previous post.

2018-08-10T03:12:55+00:00

mushi

Roar Guru


They could but there are three issues for mine: 1. You need to have confidence that Gould won't attempt to get rid of Ivan at some point 2. I think the NRL have a minimum market value concept don't they 3. Technically any payment or transfer between Ivan and Nathan is now an inducement so Nathan would need to be happy to not have access to, or control of, "his" money for the length of his contract

2018-08-10T03:10:00+00:00

Kurt S

Roar Pro


Well, Griffin has the runs on the board. That gives him the kudos to back himself. He has also had to deal with shocking injuries in previous series. From the vibe I get, I think Griffin is the style of coach who brings the discipline to a club that is a mess. He gets systems in place and squared away. He may not be the guy to to give a petulant player the cuddle and build up they need. I think Ricky Stuart is in a similar mold in that he gets systems in place. I think Stuart is better at working on the 'cuddle" when the player needs building up. I think Griffin would be a good fit for Parra. They are a basket case and although I am not big on booting coaches, when Aurther's contract at the Eels is up, they could do worse than have Griffin in to tear down and rebuild that place on a 2 or three year contract with any extension based on performance in a few key areas.

2018-08-10T03:04:39+00:00

Kurt S

Roar Pro


Matt, I could see the allure, but they have a young rookie coach going gang busters at the moment. It would be a big call to let him go to have Bennett for a few years max.

2018-08-10T03:02:46+00:00

Kurt S

Roar Pro


It is common in business that when a settlement is negotiated for break of contract mutually or otherwise, business sale or the like, the leaving or selling party agree to not encroach on the other party's 'turf' (see what I did there?) for a fixed term. Unless there is a get out clause, Cleary may be forced to the terms of his contract. Could an inducement to breach contract be laid against another party who tries to poach a contracted coach? It is possible. But who has the deepest pockets to fight it? If this is all true and Cleary wants out, Tigers and hold tough and get a bloke who turns up with no enthusiam for the term of the contract. or the Tigs can negotiate damages or transfer fee to let Cleary walk. As I mentioned in another post, it all depends on what is written in other player's contracts re Cleary being coach.

2018-08-10T03:01:52+00:00

ScottWoodward.me

Roar Guru


So................... If the Panthers offered Ivan $1.6m pa to coach (> double his market value) then that would mean they could re-sign Nathan for $600k (50% of his market value) and keep him under the Cap. Sound ridiculous? Well, the talk at the bubbler has been spot on so far.

2018-08-10T02:58:01+00:00

David

Guest


I don't know about invisible ink - it seems more like a pencil with an eraser.

2018-08-10T02:22:20+00:00

Kurt S

Roar Pro


There are two different points here. The first is the case of Griffin being paid out. He had a contract for a fixed term. The Panthers no longer ant him turning up every day, so they calculate how many more days he has left on the contract and pays him out accordingly. As others have said, that is still fulfilling the contract. If Griffin made noise, they might offer him a cubicle in the panthers toilet as an office and let him turn up there for 8 hours a day writing coaching manifestos that get flushed each afternoon. The other issue is Cleary. Assuming the journos have it right when they and they say Cleary wants to jump to Panthrs, there is a rich tapestry of integrity issues at play. Not only is there the contract to the Tigers. That is one matter and in my eyes, not the biggest issue. The big issue is Cleary courting players to the club and to stay at the club so he could lead them on the journey to an new Tigers future. If Cleary throws the key to the bus in the air and say "it's was good while it lasted, bye!", players have every right to feel cheated, entrapped and disillusioned. I wonder how many players have a get out clause based around Cleary being their coach for the duration of their contract? Needless to say the Panthers have acted in an undignified way, in my opinion. Gould has used he standing in the team to discredit the coach, the coach retorts with his considered thoughts and then Gould comes back using his standing in the media to totally discredit and ridicule Griffin. Nothing is black and white and obviously Griffin gets a few offside. Gould would have known that at time of hiring. The rumours were they from the Broncos. But the way this has been managed is despicable. Gould has a history of using the media to his advantage. His interview with Andrew Johns over his drug use was pathetic. Gould might have a good footy brain, but I'd feel dirty being within 100m of the guy. I hope Cleary has the sense not to follow down the Gould path. Sometimes integrity is you you can fall back on in life.

2018-08-10T01:40:11+00:00

Albo

Guest


The problem with all this outrage about the lack of of "integrity" and "loyalty" is that these virtues will always apply differently to various parties in the debate. Has Gould shown no " loyalty & integrity" to Griffin in sacking him, or has he shown complete "loyalty & integrity" to the Panthers Club in removing an impediment to them winning a title, the reason he was employed ? Has Ivan Cleary shown no "loyalty & integrity" to the Tigers in wanting to move back to Penrith short of completing his contract , or has he shown complete "loyalty & integrity" to his son, himself and his family, by wanting to complete the deal that he has always espoused as their goal ? I am with Matt on this one. For me the NRL is a business. A football Club is a business. Each player & coach operates his own business within the business. " Loyalty & Integrity" is always in the eye of the beholder and has little to do with running a business, whether its a Club business or a player's business. If you want "loyalty & integrity" above anything else in you sport , play for nothing down at the local park. Otherwise if you want professional sport like the NRL you must accept the principles of business or you will end up without your sport.

2018-08-10T01:37:12+00:00

3_Hats SSTID 2014

Roar Rookie


Come on Matt, Journos write bloody fiction and lie all the bloody time. I don't take too much notice on what happens at other clubs but at my Rabbitohs, we read rubbish about my club in the media almost on a daily basis. Especially when you are not going so well. There are certain Journos who write nothing but rubbish but there are others who do try to do the right thing but sensationalism sells. What is the old Journos saying? "Never let the truth get in the way of a good story" Josh Massoud, Paul Kent, Rothfield and the Lurker whoever the fark he is, is the worst of the lot. Never ever believe anything they write, their correct strike rate is about 20% This season I have read Papalii, SuA is a done deal at the Rabbitohs, yeah How did that go? The Coach has lost the dressing room, yeah right... NOT! The last few seasons, Cody Walker, GI, Reyno, Cook, they all wanted out, yeah right, they all extended their deals with still with a year to run. I always say to everyone, Contracts are binding but both parties have to agree. If one party want's out then compensation should apply. If a club want's to get rid of a player then they can either dig their heels in or accept a payout. If a Player want's to leave the club they can insist he stays or allows him to go to another club and they can apply a hefty transfer fee. If Both Partys want out then that is not breaking a contract that is called dissolving a deal.

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