Des and his compensation

[gibbo2]

Des is entitled to some form of payout. Sure he's coaching has gone from bad to worse since 2015. However it was reported by the club that he had been resigned for 2 years. I believe we have mislead him now by terminating and saying he had no contract. It's a cop out from Dib to save his own arse . It's poor business from start to finish and the board need to be axed as a result.

 

[rwalker999]

please explain.

Which part you want me to learn to read and also absorb?

Probably from the 1st letter of the 1st paragraph to the last letter of the last paragraph

 

[rwalker999]

from 10 years of my share trading back ground and going through MOUs of various spec stocks over the years , I know pretty well MOU is not a legally binding contract and any party can pull out of it without any implications and/or liable for compensation.

What were you trading in - marbles ?

 

[Indiandog]

What were you trading in - marbles ?

virtual money.

 

[Indiandog]

Probably from the 1st letter of the 1st paragraph to the last letter of the last paragraph

well , you need to educate yourself more then.

 

[Indiandog]

Apparently a Memorandum of Understanding (MOU) has been established between the Dogs and Des.

In general, an MOU is not legally binding. However, it can be binding if its contents contain the six elements of
a contract which are necessary to in fact make it enforceable.

These elements include:-

• An offer.

• An acceptance.

• Competent parties who have the legal capacity to contract.

• Lawful subject matter.

• Mutuality of obligation.

• Consideration.

The Dogs must prove that at least one of these elements was not established.
The first five elements are pretty well explanatory - consideration refers to dollar amount
arising from the agreement.

To further complicate things, a verbal agreement can sit aside a MOU and this can be legally binding.

I personally, would get Des, the super coach, to pay back what he has made over the years - less a few GF appearances, as our proud club has regressed to the point where we are no longer feared in this NRL competition.

So, the issue to be resolved is complex and your guess is as good as mine as to how it pans out.

here is another definition , and YOU ARE WELCOME

What is a 'Memorandum of Understanding - MOU'
A memorandum of understanding (MOU) is a nonbinding agreement between two or more parties outlining the terms and details of an understanding, including each parties' requirements and responsibilities. An MOU is often the first stage in the formation of a formal contract.

BREAKING DOWN 'Memorandum of Understanding - MOU'
MOUs are not legally binding but are viewed as serious documents by the law. In the United States, an MOU is the same as a letter of intent, which is a nonbinding agreement stating a binding agreement will soon follow. MOUs are most often used as part of multinational international relations because, unlike treaties, they are quick and can be kept secret. However, MOUs can also be used as a tool to modify existing treaties and domestically.

MOUs are common, both domestically and abroad. They vary in length and complexity, but each understanding represents mutually accepted expectations between people, organizations or governments. Other key similarities between all MOUs is they are not legally binding and do not involve the exchange of money.

Legal Ramifications of an MOU
An MOU signals a legal contract is imminent. However, an MOU itself is not legally defensible but should still clearly outline specific points of an understanding. An MOU should describe who the parties are, what the project is they are agreeing on, the scope of the document, each parties' roles and responsibilities and more. While an MOU is not legally binding, it can help two parties move in the right direction toward an agreement.

An MOU, while not an enforceable document, still holds a lot of power because of the time, energy and resources needed to draft an effective and fair document. An MOU forces the participating parties to reach a semblance of a mutual understanding, and in the process, the two sides naturally mediate and figure out what is most important in moving toward an eventual future agreement that benefits both sides.

Basic Process for Drafting an MOU
Each party starts with a planning phase where it decides what is wanted or desired, what can be offered, what is willing to be negotiated and what is off the table. An initial draft is then written, after which representatives from each party meet to discuss the details. MOUs often list communication expectations to help mediate the sides.

During this time, agreements regarding the timeline for when the MOU takes effect are discussed. Agreements outlining how or when a party can terminate the understanding are also decided. This is when a party puts in disclaimers, restrictions or privacy statements, as desired. Once discussions are finished, a final MOU is drafted and signed.

 

[rwalker999]

well , you need to educate yourself more then.

Again, no disrespect, but perhaps you should stick to marbles.
You do, however, have a redeeming feature - you're a Bulldog, good onya mate !

 

[Indiandog]

Again, no disrespect, but perhaps you should stick to marbles.
You do, however, have a redeeming feature - you're a Bulldog, good onya mate !

ok bro, what ever you reckon.

I have spent hours and hours reading MOUs and you are telling me what actually it is and what it is not.

no disrespect.

 

[KLil]

It's no 5 actually. You don't know what the mutual understating was unless you were a blowie on the wall

Hence the question mark maybe...

 

[Bulldogz82]

Hope des does get a payout of some sort just to make dib-shit look even worse then he currently does, he would have alot to answer for if this was the case and would hopefully get him to step aside out of embarrasment or get voted out. I hate dib more then i hate hasler, hes a slimy little turd!!

 

[Kelpie03]

Am I the only one that thinks the club hasnt handled the situation that bad..

Sacking Des was never going to be an easy job, especially with few proven NRL coaches around..

Theyve done it now & if they can avoid/minimize a payout then its s bonus

Your not the only one, its just that for whatever reason a few a----holes just hate Dib with a passion, even though they don't know anything about Des's contract and his sacking. Sure Dib may have made a mistake by giving Des to much power, but if he goes is Dunn or anyone else going to do a better job.

 

[Mr Invisible]

They need to give him something - just not 1mil

$50 expired Brashes voucher and a packet of cheese Twisties?

 

[habs]

The legal analysis in this thread is way off the mark.

 

[Stargate44]

Apparently a Memorandum of Understanding (MOU) has been established between the Dogs and Des.

In general, an MOU is not legally binding. However, it can be binding if its contents contain the six elements of
a contract which are necessary to in fact make it enforceable.

These elements include:-

• An offer.

• An acceptance.

• Competent parties who have the legal capacity to contract.

• Lawful subject matter.

• Mutuality of obligation.

• Consideration.

The Dogs must prove that at least one of these elements was not established.
The first five elements are pretty well explanatory - consideration refers to dollar amount
arising from the agreement.

To further complicate things, a verbal agreement can sit aside a MOU and this can be legally binding.

I personally, would get Des, the super coach, to pay back what he has made over the years - less a few GF appearances, as our proud club has regressed to the point where we are no longer feared in this NRL competition.

So, the issue to be resolved is complex and your guess is as good as mine as to how it pans out.

AS THE QC WOULD SAY...... RING RING RING... THIS IS THE BMW DEARLER.. MAY I HELP?? ...QC SAYS ... ORDER ME A NEW BMW THE BEST AND MOST COSTLY ... I'M GOOD FOR IT...

 

[Magilla]

MOU is not a legally binding contract

IF this true, Des is going to get nothing out of it.

I am surprised Des (his lawyer) only signed an MOU and not a proper contract.

Wrong. It can be binding. If there has been an offer and acceptance of an offer.

 

[Magilla]

Thanks for posting this info, really good to see the specific criteria.

I personally think we will pay Des a substantial amount but a paying it as either as a settlement or as damages. That way the money could be deemed as non contractual entitlements in terms of the coaching cap and for Dib to attempt to claim the agreement that was reached last April didn't cost us money as it was not binding.

Damages aren't taxable but a payout would be. Therefore is Desball accepts a lesser sum he gets it tax free and club saves money....win win

 

[Magilla]

Hang on a second... has DES been quoted as saying he'll sue... or is this all just media bullshit?

I believe it's the later.

Just like your mate Rothfield....oh yeah wait a minute he was right and you were.......

 

[Magilla]

ok bro, what ever you reckon.

I have spent hours and hours reading MOUs and you are telling me what actually it is and what it is not.

no disrespect.

This thread talks about an MOU. Its been widely reported that the parties signed a Heads of Agreement. 2 different things. Then you've got all the media snippets of Dib shooting his mouth off. If its a HOA then Des will win subject of course to any favourable clauses within the HOA.

here is another definition , and YOU ARE WELCOME

What is a 'Memorandum of Understanding - MOU'
A memorandum of understanding (MOU) is a nonbinding agreement between two or more parties outlining the terms and details of an understanding, including each parties' requirements and responsibilities. An MOU is often the first stage in the formation of a formal contract.

BREAKING DOWN 'Memorandum of Understanding - MOU'
MOUs are not legally binding but are viewed as serious documents by the law. In the United States, an MOU is the same as a letter of intent, which is a nonbinding agreement stating a binding agreement will soon follow. MOUs are most often used as part of multinational international relations because, unlike treaties, they are quick and can be kept secret. However, MOUs can also be used as a tool to modify existing treaties and domestically.

MOUs are common, both domestically and abroad. They vary in length and complexity, but each understanding represents mutually accepted expectations between people, organizations or governments. Other key similarities between all MOUs is they are not legally binding and do not involve the exchange of money.

Legal Ramifications of an MOU
An MOU signals a legal contract is imminent. However, an MOU itself is not legally defensible but should still clearly outline specific points of an understanding. An MOU should describe who the parties are, what the project is they are agreeing on, the scope of the document, each parties' roles and responsibilities and more. While an MOU is not legally binding, it can help two parties move in the right direction toward an agreement.

An MOU, while not an enforceable document, still holds a lot of power because of the time, energy and resources needed to draft an effective and fair document. An MOU forces the participating parties to reach a semblance of a mutual understanding, and in the process, the two sides naturally mediate and figure out what is most important in moving toward an eventual future agreement that benefits both sides.

Basic Process for Drafting an MOU
Each party starts with a planning phase where it decides what is wanted or desired, what can be offered, what is willing to be negotiated and what is off the table. An initial draft is then written, after which representatives from each party meet to discuss the details. MOUs often list communication expectations to help mediate the sides.

During this time, agreements regarding the timeline for when the MOU takes effect are discussed. Agreements outlining how or when a party can terminate the understanding are also decided. This is when a party puts in disclaimers, restrictions or privacy statements, as desired. Once discussions are finished, a final MOU is drafted and signed.

 

[H-dog]

Your not the only one, its just that for whatever reason a few a----holes just hate Dib with a passion, even though they don't know anything about Des's contract and his sacking. Sure Dib may have made a mistake by giving Des to much power, but if he goes is Dunn or anyone else going to do a better job.

We did handle it poorly, 3 clubs terminated there coaches at the end of season 2 got it wrong 1 got it right. Dogs and Titans played out in front of the media. Where as this sucks to say souths were the most professional about it, met with coach got to an agreement, announced it moved forward because the planning within a couple of days with out all the bullshit

 

[The 2nd Spitter]

The Dogs must prove that at least one of these elements was not established.
The first five elements are pretty well explanatory - consideration refers to dollar amount
arising from the agreement.

To further complicate things, a verbal agreement can sit aside a MOU and this can be legally binding..

I'm a lawyer and I can tell right now, if there was a Top 8 clause in the MoU then there is no legally binding contract unless Dib got cheap ass solicitors from Burwood Road who used crappy drafting (not beyond the realm of possibility). Just like Fafita wouldn't sue for damages on the basis of his MoU.