Will we ?Won't we? -----Appeal against the salary cap 4 point deduction?????????

[jimofwigan]

Whealan has come out in public and said Wigan did not spend above the cap. He also declared that he achieved it by renegotiating the players contracts with their full consent.He also explained that what he did was inside the UK Employment laws.
However the overspend was also the recalculation of defunct contracts and without the consent of the players, Rrugby League reinstated them.They then said if you had not renegotiated, this is the overspend, and this is the punishment.
WHATS THE HOLD UP?
HAVE RUGBY LEAGUE PLACED THEMSELVES ABOVE UK EMPLOYMENT LAW?
OR
HAVE WE NOT GOT THE STOMACH FOR THE FIGHT THAT WOULD FOLLOW?

[ancientnloyal]

Depends if Whelan is bothered, with Athletic starting their season and him being 'fed up' over the whole salary cap saga's, it's 50/50, yes or no in my view.

I think if laws have been broken by the RFL and wigan are not guilty.. then why not appeal??

No point taking a punishment if no rules broken

[adrenalinxx]

Whelan said he would only appeal if the appeal could be heard before the end of the season.

The lawyers will need time to work an a case so that they can get through the appeal as quickly as possible.

Its likely the RFL will just stall Wigan if they appeal knowing that after the end of the season it means nothing to Wigan because if appeal happens after the end of the season its difficult for Wigan to prove what they lost by not having those 4 points deducted.

[stevo38]

i think whelan would only appeal if we ended up in relegation trouble if he knows were safe he wont bother

[Matthew]

stevo38 posted:
i think whelan would only appeal if we ended up in relegation trouble if he knows were safe he wont bother

Exactly what I thought (and I think that I may have posted elsewhere)

Even if we were restored our 4 points - does anyone really think that we have a chance of winning the grand final - especially after our performance in the last high pressure knock-out game...

[stevo38]

i think it could take 3 or 4 seasons to become a competitive force again to much dead wood at wigan mo going is just the start

[jammie]

it should be appeled against as a matter of principal,if we have broken no witten rules then why have our name dragged through the mud.it isn't the top people at the club that face the fall out it's the players on the pitch and the fans in the pubs and walking to and from the grounds that are faced with the barrage of abuse,from the idiots who only read the propergander from there own club,sky sports,and the biased yorkshire press.if we have ILLEGALY been deducted four points then no matter how many more places it takes us up the sl and if we don't make the top six we will never know how far we could have gone in the knock out stages,at the end of the day we will be in the top six on merit if we get the four points back.

[jinkin jimmy]

jammie posted:
it should be appeled against as a matter of principal,if we have broken no witten rules then why have our name dragged through the mud.it isn't the top people at the club that face the fall out it's the players on the pitch and the fans in the pubs and walking to and from the grounds that are faced with the barrage of abuse,from the idiots who only read the propergander from there own club,sky sports,and the biased yorkshire press.if we have ILLEGALY been deducted four points then no matter how many more places it takes us up the sl and if we don't make the top six we will never know how far we could have gone in the knock out stages,at the end of the day we will be in the top six on merit if we get the four points back.

:eusa2:

It is extremely important to appeal, even if it happens next season! If we don't it will be taken by our many enemies as a tacit plea of guilty and the persecution will get worse.

[DaveO]

jinkin jimmy posted:
It is extremely important to appeal, even if it happens next season! If we don't it will be taken by our many enemies as a tacit plea of guilty and the persecution will get worse.

I agree and with the bit in bold as well. It is not just about the four points.

Despite the initial reaction (even from Cas) now that it appears Wigan didn't actually pay out more than the cap limit it has gone quite quiet except from the ridiculously biased. I was told the RFL rep on GMR was squirming on the spot when asked did Wigan actually pay out more and would not say one way orthe other.

So I think the challenge needs to be made to clear this up.

However I think there is a good chance we would lose due to the rule I mentioned in another thread which is rule 1.3 of the salary cap regulations. This rule means we would have to prove that the salary cap commissioner was unreasonable in what they did rather then simply that we didn't pay the money out.

For this reason I have a feeling the club will not appeal.

This is unsatisfactory to my mind because it shows the salary cap is far too much open to interpretation rather than simple application. So I owld like to see it challenged to get the situation clarified.

I also have no idea how the RFL will treat the amount they say we did spend last year. The £222K overspend. If they said it counted on last years cap but is paid this year, will we face another potential salary cap breach for 2007 because the RFL count it twice?

Dave

[emperor kel]

I am not sure about this but I have read the salary cap rules, yes I admit I dont have much of a life, and it seems to me that each club submits a atatement of turnover and expenditure which is reviewed by RL and, if deemed necassary, it is audited.

I dont understand how an audit can be done unless it includes the full accounts and with access to the "books". You could have a situation where a club pays J Bloggs half his salary as a player and then pays Mrs J Bloggs the other half as a cleaner or office clerk.

Does anyone know what is actually audited or have I read the rules wrong?