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Former coach Tim Sheens' payout could cost Wests Tigers up to $1.5 million
Date May 14, 2014 - 10:50PM
Adrian Proszenko
Chief Rugby League Reporter
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The decision to sack Tim Sheens could cost Wests Tigers up to $1.5 million after the premiership-winning coach pressed ahead with legal action against the joint-venture club.
Sheens was sacked from an estimated $450,000 a year deal after the Tigers slumped to a 12th-placed finish in 2012\. He was contracted until the end of this season but has not been paid since July last year. The case will be heard on December 8 following a directions hearing in the Supreme Court on Tuesday.
According to court documents filed by Sheens' legal team, the plaintiff is demanding "the full value of his remuneration entitlements under the terms of the contract of employment from 1 July 2013 until the expiry of the term of his employment".
The Kangaroos mentor is also seeking "damages for loss of opportunity to earn bonus payments under the contract of employment", "damages for breach and repudiation of the contract of employment" and "damages for loss of enhancement of repudiation", as well as costs.
According to documents filed with the court, the contract contained an option for Sheens to renew the deal for a further year "subject to certain performance criteria of the first grade rugby league team being met".
It is understood the Tigers, who have a fortnight to submit their witness statements, asked for the case not to be heard until the end of the football season so the matter was not a distraction for the team.
After sacking Sheens, the Tigers appointed Mick Potter as his replacement. The team finished second-last in his first year in charge, which was badly disrupted by injury. However, they have improved markedly and now sit in the top eight, with Potter expected to be granted an extension to his deal.
It is understood Sheens' legal team will argue that the four-time premiership-winning coach is entitled to a payout of between $1.25 million and $1.5 million.
The Tigers are also contesting another matter that could prove costly if they do not mount a strong defence. Chief executive Grant Mayer confirmed the club will appeal against a $20,000 fine after an alleged breach of the NRL's new concussion laws.
The Tigers have been given an extension to the end of the week to respond to a breach notice for allowing Liam Fulton to remain on the field in the clash with Manly. The forward suffered head knocks in rounds one and three and was rested the following week on both occasions.
The NRL tightened the rules to put more onus on clubs to identify concussions after the Bulldogs escaped without sanction when their doctor and trainer claimed they did not witness a concussion to James Graham.
The Fulton incident occurred before the rule tweak and the Tigers will use a similar argument as part of their response. They will also point to the fact that they have erred on the side of caution throughout the season, including pointing to the fact that Pat Richards and Bodene Thompson were taken off during their loss to the Titans.
"Fundamentally, we believe our duty of care to our players since round one has been the game's benchmark. We've deliberately taken a leadership position on this," Mayer said.
"We're surprised by the determination on Liam Fulton, specifically because he's been stood down by the club twice before.
"We don't think [the fine] is fair and reasonable. We're going to challenge it based on a few issues in the breach notice. We're hopeful. Our staff see ourselves as the ones who have led the charge around the concussion rule because we take it so seriously."
Date May 14, 2014 - 10:50PM
Adrian Proszenko
Chief Rugby League Reporter
\
\
The decision to sack Tim Sheens could cost Wests Tigers up to $1.5 million after the premiership-winning coach pressed ahead with legal action against the joint-venture club.
Sheens was sacked from an estimated $450,000 a year deal after the Tigers slumped to a 12th-placed finish in 2012\. He was contracted until the end of this season but has not been paid since July last year. The case will be heard on December 8 following a directions hearing in the Supreme Court on Tuesday.
According to court documents filed by Sheens' legal team, the plaintiff is demanding "the full value of his remuneration entitlements under the terms of the contract of employment from 1 July 2013 until the expiry of the term of his employment".
The Kangaroos mentor is also seeking "damages for loss of opportunity to earn bonus payments under the contract of employment", "damages for breach and repudiation of the contract of employment" and "damages for loss of enhancement of repudiation", as well as costs.
According to documents filed with the court, the contract contained an option for Sheens to renew the deal for a further year "subject to certain performance criteria of the first grade rugby league team being met".
It is understood the Tigers, who have a fortnight to submit their witness statements, asked for the case not to be heard until the end of the football season so the matter was not a distraction for the team.
After sacking Sheens, the Tigers appointed Mick Potter as his replacement. The team finished second-last in his first year in charge, which was badly disrupted by injury. However, they have improved markedly and now sit in the top eight, with Potter expected to be granted an extension to his deal.
It is understood Sheens' legal team will argue that the four-time premiership-winning coach is entitled to a payout of between $1.25 million and $1.5 million.
The Tigers are also contesting another matter that could prove costly if they do not mount a strong defence. Chief executive Grant Mayer confirmed the club will appeal against a $20,000 fine after an alleged breach of the NRL's new concussion laws.
The Tigers have been given an extension to the end of the week to respond to a breach notice for allowing Liam Fulton to remain on the field in the clash with Manly. The forward suffered head knocks in rounds one and three and was rested the following week on both occasions.
The NRL tightened the rules to put more onus on clubs to identify concussions after the Bulldogs escaped without sanction when their doctor and trainer claimed they did not witness a concussion to James Graham.
The Fulton incident occurred before the rule tweak and the Tigers will use a similar argument as part of their response. They will also point to the fact that they have erred on the side of caution throughout the season, including pointing to the fact that Pat Richards and Bodene Thompson were taken off during their loss to the Titans.
"Fundamentally, we believe our duty of care to our players since round one has been the game's benchmark. We've deliberately taken a leadership position on this," Mayer said.
"We're surprised by the determination on Liam Fulton, specifically because he's been stood down by the club twice before.
"We don't think [the fine] is fair and reasonable. We're going to challenge it based on a few issues in the breach notice. We're hopeful. Our staff see ourselves as the ones who have led the charge around the concussion rule because we take it so seriously."
