Yes, it's been suggested that this is what may happen. The NBL would definitely bend the rules to accommodate the Kings though.

I wonder if a settlement may occur that doesn't go towards the cap?

The MEAA rep said in the article that he's met with the Kings a number of times and had no luck with negotiating a settlement to date.

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thedoctor, from what someone has said on OzHoops, Thalo has already offered the Kings a reasonable settlement, but they're not interested.

You would be surprised what a looming Court date can do to pursuade a party, and create a settlement where one seemed impossible. The Kings now have to consider legal fees, Barrister fees etc, all of which shy-rocket if a matter reaches the stage where it is before the Court.

A settlement might be reached on commercial grounds and have nothing to do with the merits of the argument. ie -cheaper for the Kings to pay the settlement than to contest the claim in Court.

May also be pressured (unofficially) by other clubs and other sporting codes to settle, given the high stakes. The Kings may even see a settlement here as a long term risk-management decision.

Again, factual details are important. I have no idea what Green's medical condition was at the time

I believe that it was a virus contracted while playing in Asia with the team during the pre-season.

That will be considered in conjunction with his contract, whether he was 'fit to play' in accordance with the terms of his contract, whether his fitness was only hindered by the virus or whether he was just 'unfit', the league rules surrounding circumstances in which players can be 'fired' and have their contract removed from the salary cap etc etc.

Matters that set precedents are always explored at length by the Courts, and by both legal teams. Expect appeals from whichever side loses.

Also relevant is the funding of Green's case. The player's association seem to be backing it. Could get ugly. Anyone smell a lock-out?

Still beleive a settlement will eventuate. That way, terms will remain confidential and the agreement will be private, between the two patries and can not be used as precedent for future disputes.

Perhaps the Kings are stalling on it because if they settle now, it puts them over the cap and therefore jeopardises their status as championship contenders.

Best for them to wait til after the season for a settlement.

Another issue is if the court finds that they illegally sacked Green then the Kings are over the cap...lets say they win does the opposing team get to sue the Kings/ NBL for breaching the rules and tehrefore their title is void???

Sorry Deak did not see your post before putting mine up.

Even if they wait, Green's salary will still be counted toward this year's cap. If that wasn't the case, teams would use post-season payments as a way around the cap.

Anon

you need to re read what is being said.

Green was sacked from the Kings beacuse he was sick not because he was a dud player.

You can not sack an employee because they are sick...that it was Green is fighting.

Because they can not legally cut him his income is still part of the teams salary and therefore is deemed to be under the salary cap rules.

If Green wins Sydney are caught red handed breaking the cap rules and therefore will have to be punished by the NBL.

Not good news for Thalo Green and NBL players:

Sacked King loses first round

"...the issues raised today are of great concern and would have grave ramifications for the NBL and its players' contracts." Peter Moscatt, president of the Media Entertainment and Arts Alliance's sports branch

Kent, that's not correct.
The transaction that the Kings made that saw Green exit and Roberts come in was cleared by the NBL. They won't be punishing the Kings in any way should the financial terms of Green's sacking be successfully challenged in court. When the NBL clears those transactions, they are not just clearing the cap/points issues, but the legal ones as well. If the Kings stuffed up, the NBL's 2nd check missed it as well. The Kings thought the transaction was kosher, and so did the NBL.

It's clearly not something that is set in stone, but I don't think a pay out over sickness would count under the cap anyway.

The Kings are most certainly not "caught red handed" breaking the cap. That is absolutely laughable.

I agree. I wonder if Thalo is wanting to be paid out for 1.5 years or even just the one, and the Kings can't afford it? Their roster wouldn't come cheap and they don't have massive crowds; I heard that the Wildcats made a decent profit this year, but no other team has been as boastful.

Still, what could Thalo have been on? $75k/year tops? He was coming off a 10 and 7 season with Melbourne. A $100k bill could likely put a few clubs in trouble.