Kyle Eastmond

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wellstiger
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Re: Kyle Eastmond

Post by wellstiger »

And then your ticket price will increase. Then who gains.
They (5) had an option. They chose. Job done.
GB72
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Re: Kyle Eastmond

Post by GB72 »

CitizenSmiff wrote: Fri Aug 21, 2020 12:59 pm I would 100% take legal action against my employer if they terminated my contract without cause. Of course the pandemic has placed the club in financial difficulties but that argument cuts both ways. I would not be suprised if we went up paying compensation to all 5 of our jettisoned players.
I think that is less likely for those that have signed new contracts elsewhere. I suspect that aspect would have already been dealt with in those cases as part of their release from the club.

You also have the general obligation to mitigate losses and so a player turning down contracts may well be jeopardising some of any future claim by breaching that obligation.
Scuttle
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Re: Kyle Eastmond

Post by Scuttle »

CitizenSmiff wrote: Fri Aug 21, 2020 12:59 pm I would 100% take legal action against my employer if they terminated my contract without cause. Of course the pandemic has placed the club in financial difficulties but that argument cuts both ways. I would not be suprised if we went up paying compensation to all 5 of our jettisoned players.
You make a valid point but he needs to be careful that taking legal action does not jeopardise the chance of another contract in the premiership. Seemingly every club has had to do something similar and I think to be the standout person to take legal action may make other clubs wary about taking him on. It is a shame because I liked Kyle and how he played for us. I know others disagree but I was sorry he felt he had to leave.
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sk 88
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Re: Kyle Eastmond

Post by sk 88 »

kk20gb30 wrote: Fri Aug 21, 2020 8:13 am Neil Fissler (Rugby Paper 16/8) reports that Eastmond has rejected short term deals at both Harlequins and London Irish , and due to a young family has no interest in playing abroad.He is supposedly seriously considering legal action against Leicester.
Taking into account the situation , a fruitless exercise , i would believe.
If he has rejected contracts elsewhere he has not discharged his duty to mitigate his loss. So even were the court to find against us, which I personally highly doubt, his award would be reduced (possibly to nothing if he was turning down short term employment which could lead to larger contracts later, and refusing to consider working abroad in Europe both of which are perfectly reasonable).
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mol2
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Re: Kyle Eastmond

Post by mol2 »

Not sure the courts would agree that not moving to Europe would be considered unreasonable in terms of mitigation.

Plenty of cases that would suggest having to move home would be considered up to the discretion of the employee in redundancy cases.
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Re: Kyle Eastmond

Post by Tiglon »

There are two main possibilities:

1) Eastmond negotiated an end to his contract and agreed to the terms and therefore has no right to take legal action.
2) Tigers terminated his contract with no justifiable reason and would lose the court case. The amount of damages would be complicated.

There are a few other unlikely possibilities, but if it was anything other than option 1 then it makes no sense that he hasn't already begun legal proceedings.
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Re: Kyle Eastmond

Post by tigerburnie »

I believe there is still a time limit on cases for unfair dismissal, he who hesitates could well lose.
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Re: Kyle Eastmond

Post by Traveller »

sk 88 wrote: Fri Aug 21, 2020 9:23 pm
kk20gb30 wrote: Fri Aug 21, 2020 8:13 am Neil Fissler (Rugby Paper 16/8) reports that Eastmond has rejected short term deals at both Harlequins and London Irish , and due to a young family has no interest in playing abroad.He is supposedly seriously considering legal action against Leicester.
Taking into account the situation , a fruitless exercise , i would believe.
If he has rejected contracts elsewhere he has not discharged his duty to mitigate his loss. So even were the court to find against us, which I personally highly doubt, his award would be reduced (possibly to nothing if he was turning down short term employment which could lead to larger contracts later, and refusing to consider working abroad in Europe both of which are perfectly reasonable).
It would have been very good of Mr Eastmond if he had seriously considered playing seriously for Tigers when he was actually under contract and paying his wages.
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Re: Kyle Eastmond

Post by Noggs »

How much of his contract was still to run would clearly have a bearing on any claim as would actions which, if taken, would mitigate any losses. Time will only tell whether he chooses to take the legal route.
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Re: Kyle Eastmond

Post by Wayne Richardson Fan Club »

Traveller wrote: Fri Sep 04, 2020 10:08 am
sk 88 wrote: Fri Aug 21, 2020 9:23 pm
kk20gb30 wrote: Fri Aug 21, 2020 8:13 am Neil Fissler (Rugby Paper 16/8) reports that Eastmond has rejected short term deals at both Harlequins and London Irish , and due to a young family has no interest in playing abroad.He is supposedly seriously considering legal action against Leicester.
Taking into account the situation , a fruitless exercise , i would believe.
If he has rejected contracts elsewhere he has not discharged his duty to mitigate his loss. So even were the court to find against us, which I personally highly doubt, his award would be reduced (possibly to nothing if he was turning down short term employment which could lead to larger contracts later, and refusing to consider working abroad in Europe both of which are perfectly reasonable).
It would have been very good of Mr Eastmond if he had seriously considered playing seriously for Tigers when he was actually under contract and paying his wages.
Very true...& that those that chose to sign him had thought about it seriously.
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mol2
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Re: Kyle Eastmond

Post by mol2 »

The ending of the players contracts was always going to be messy.

Pay in full and risk going bust.
Terminate and risk being forced to pay up.

It's not quite the same as a simple redundancy as the job they carryed out hasn't been made redundant and they are being replaced by "cheaper" alternatives.

There are no winners, covid has shown how vunerable professional sport is to financial changes. Much the same could be said of many other things from performing arts, tourism and hospitality....
aslongaswebeatsaints
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Re: Kyle Eastmond

Post by aslongaswebeatsaints »

I quite liked Kyle as I think it’s difficult to judge any back in what was a poor team, particularly in the forwards, by Tigers standards.

Personally I wish him well. He should do what’s best for him and his family.
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Re: Kyle Eastmond

Post by AngusMcCoatup »

Wayne Richardson Fan Club wrote: Sun Aug 09, 2020 7:22 pm I was surprised when we originally signed Eastmond, amazed when he had a contract for this season, utterly bemused he had one for next.
So was I surprised as he had a terrible last season 2017/18 at Wasps, very poor playing and blighted with injuries and was not in the first call. He was not quickly snapped up by other teams and I was amazed when he signed for Tigers on 1st August 2018 just before the warm up games. He remains the last of the leavers to find a club, so thankyou and the best of luck. :smt039
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chipnchase
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Re: Kyle Eastmond

Post by chipnchase »

aslongaswebeatsaints wrote: Fri Sep 04, 2020 3:06 pm I quite liked Kyle as I think it’s difficult to judge any back in what was a poor team, particularly in the forwards, by Tigers standards.

Personally I wish him well. He should do what’s best for him and his family.

I don’t doubt his playing ability in a good side however I’ve heard from a very reliable playing source that he was poison in the dressing room. Not willing to put the hard yards in and preferred to ‘wait until Saturday’, constantly undermining the coaching staff, poor attitude towards younger players and caused a lot of divide between the playing squad.

Doesn’t mean he’s a bad person, just a difficult environment to be in when you’ve been used to being at the other end of the table.
longlivethecrumbie
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Re: Kyle Eastmond

Post by longlivethecrumbie »

AngusMcCoatup wrote: Sat Sep 05, 2020 11:21 pm
Bateman has had to explore "the green, green grass of home!" with Dragons.
With the financial situation being as it is in Welsh Rugby, I wager that his offer from the Dragons is less than he was offered by Tigers on the reduced terms
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