ARU ruling on Giteau's contract imminent

[travelling_gerry]

ARU ruling on Giteau's contract imminent


BY JOHN-PAUL MOLONEY

RUGBY UNION

18/12/2008 1:00:00 AM

Matt Giteau's playing future could be decided before Christmas after his management took the crucial step of holding direct talks with Australian Rugby Union boss John O'Neill.


The ARU chief executive is understood to have met Giteau's manager James Erskine in Sydney on Monday to discuss the Wallabies flyhalf's Super14 contract status.

It was the most significant recent sign of progress in the contracting situation, which has dragged on for months since a third-party sponsorship deal that lured Giteau to Perth collapsed.

Giteau is angry at being left hundreds of thousands of dollars out of pocket by the demise of discredited fuel technology company Firepower.

He is on contract with the Western Force for next year, but is believed to want an immediate release so he can return to his former club, the ACT Brumbies.

There is a sense of urgency that the matter be resolved before the new year as Wallabies players are due to return to training with their provinces in the second week of January.

Giteau is believed to be currently holidaying in the United States and if he was to return to training with the Brumbies at Griffith Oval, he would need time to relocate from Perth.

The Force believes it has a legal and binding contract with Giteau, which he should fulfil. Third-party deals are made separately to playing contracts, which the Force says puts it under no obligation to cover his lost earnings.

While the ARU has refused to publicly comment on the situation, any attempt by Giteau to exit his contract would almost certainly need its approval.

If securing a quick exit proves impossible and Giteau reluctantly sees out his final year in Perth, the Brumbies are confident he will sign on for 2010 and 2011 the remaining years of his ARU contract.

There is a possibility a decision and an announcement on those two years could be made before the end of this year.

In that case the Force would be in the unprecedented situation of having its marquee player complete a full season while his future rested with a rival team.
Meanwhile, Australia's fringe Wallabies players will no longer compete in the Pacific Nations Cup after the ARU announced it had withdrawn Australia A from the competition as a result of the current economic environment.

The ARU has also suspended the Australian Rugby Shield, leaving the minor rugby states, along with the NSW and Queensland country teams without a supported competition for 2009.


http://www.canberratimes.com.au/news...t/1389549.aspx

[Flamethrower]

What a nice piece of hypothetical writing

I think there is only one fact in the whole thing.

He is on contract with the Western Force for next year

[Thequeerone]

there is another - he is on holiday in America - ergo he cannot comment

[Burgs]

"...after his management took the crucial step of holding direct talks with Australian Rugby Union..."

That's a novel approach

[JediKnight]

I thought JO'N had already given the ARU's position on this matter...
Posted via Mobile Device

[travelling_gerry]

Yeah, but if you ask behind closed doors you get a different answer.

[Burgs]

Mybe JO'N will cancel the contract so as to pay for the entire Australia A program...

[waratahjesus]

http://www.rugbyheaven.com.au/news/n...189805046.html

Giteau's get-out battle
Jamie Pandaram | December 19, 2008
MATT GITEAU will have to show proof that the Western Force illegally linked him with a third-party deal to Firepower if he wishes to get out of his contract with the Perth franchise.

As speculation increases that the Wallabies star is seeking to rejoin the Brumbies from the Force - his contract in Perth expires at the end of next season - it has emerged that Giteau may seek to show his contract is void because it allegedly involved a back-door deal with Firepower that was arranged by the club, which is not permitted.

At present, the Australian Rugby Union regards Giteau's Force contract as separate to his third-party arrangement with the failed Firepower company - which cost him an estimated $1.6 million in sponsorship money. If the playmaker presented evidence that the Force facilitated the third-party deal, it would bring into question the validity of his contract, and possibly give him a way out.

Giteau has already rejected a new third-party offer to remain at the Force. A Perth businessman promised to make up a large amount of the lost sponsorship money for 2008 and next year, but only on the provision that Giteau re-signed for 2011 and 2012. Giteau is clearly not interested in remaining in Perth in the long term.

The Herald understands the Force were given permission by the ARU to find Giteau this replacement third-party deal, even though it contravenes the rules designed to ensure fair recruitment opportunities for all franchises. However, given his unique and unfortunate situation, the ARU believes some creative manoeuvring is needed.

When Firepower folded, Giteau and other players were left severely out of pocket. Giteau has invested in property on the basis of money he was supposed to have received from his sponsorship deal. Giteau has also received a third-party offer from a company keen to lure him back to the ACT.

ARU chief executive John O'Neill has previously stated Giteau must abide by his contract to both the union (until the end of 2011) and his club because the Firepower contract was separate to both. If it is shown his Force contract was inextricably linked to his third-party contract, the ARU would then face the dilemma of whether it or the Force could enforce the terms and conditions Giteau has signed.

The Force have previously rejected the notion they illegally facilitated a deal between Firepower and Giteau to ensure he moved from Canberra to Perth in 2007. Firepower became the team's major sponsor but the Force said Giteau's individual arrangement with the company was circumstantial.

The Force have been forced to start thinking about possible replacements at five-eighth if Giteau departs, with Scott Daruda the favourite and young Wallabies star James O'Connor a contender. The team is due to return to pre-season training on January 12 and it's anyone's guess whether Giteau - holidaying in the US - will be present.

His manager, James Erskine, refused to divulge any information, saying he did not feel like it at the moment. His company, Sports and Entertainment Limited, which offers contract enforcement services, is used by the ARU to ensure all contracts are adhered to.

Erskine said: "All I know is that Santa Claus is coming on the 25th of December."

[travelling_gerry]

Erskine sounds like a real "smart arse" doesn't he?

[travelling_gerry]

WESTERN Force coach John Mitchell understands why Wallabies five-eighth Matt Giteau is considering a lucrative offer from French club Bayonne, but he still expects him to honour his contract and play for the Perth-based Super 14 club next year.

According to reports, Giteau has been offered $9.6m from Bayonne, but he is contracted to the Force next year and the ARU until 2011.

"I have no issue with it at all," said Mitchell, who was in Sydney for a three-day SANZAR conference.

"At the end of the day everyone has rights.

"We expect Matt to honour his contract in 09 and we expect to see him back on January 5 when all our internationals return.

Read more...

[Thequeerone]

Is Erskine saying the matter will be resolved on the 25th of Dec or is he just saying that his Santa Claus has contracted to do the job without the need to rely on third party deals jor something else

[waratahjesus]

ive been quite sure that they should force giteau to see out his contract in perth or make him sit out, but honestly, as a club, the force must be close to just kicking his ass out the door!

if his manager starts to (if he hasnt already which is more than likely!) run a smear campaign about the club, they would be much better waving goodbye and moving on!

[TOCC]

If Giteau is very serious to go to Bayonne for the 2009 season, then i think the ARU should possibly look at a transfer payment similar to what happens in soccer.

Alternatively maybe just a loan, where the ARU can stipulate they want Giteau back in Australia by the start of July, Bayonne would pay his wages for that time and also pay the ARU reimbursement for the time he is away, something like $1.5million.

I dont think transfer fees are allowed by the IRB though, but it is definetly something they should start investigating, it would help even the playing fields between the north and south hemispheres.

[TOCC]

Is Erskine saying the matter will be resolved on the 25th of Dec or is he just saying that his Santa Claus has contracted to do the job without the need to rely on third party deals jor something else

i think he is just saying the only thing which is certain at the moment is christmas..
everything else is still just possibilities.

[Thequeerone]

Doesn't Santa only come to boys and girls who have been good