RG at arms length

[Captain Scarlet]

A couple of mentions of contracts. In one sense the clearing of him by Ulster GAA before the letter could have been seen as a breach of 'contract' and there is a more obvious mention of a 'verbal' one with Naas.

There's a defamation angle but if he goes down contract as coach route then loss of earnings would be public. Naas would have to say how much they were paying him and that's another can of worms with the tax man...

[DaleCooper]

It'll be settled, I doubt the GAA would want legal discovery occurring with regard to professional level payments in the "amateur association".

[Captain Obvious]

A couple of mentions of contracts. In one sense the clearing of him by Ulster GAA before the letter could have been seen as a breach of 'contract' and there is a more obvious mention of a 'verbal' one with Naas.

There's a defamation angle but if he goes down contract as coach route then loss of earnings would be public. Naas would have to say how much they were paying him and that's another can of worms with the tax man...

No such thing as contract in GAA management be it club or county.  It's a verbal agreement. 

[ck]

It's a silly move by Gallagher. Any case against the GAA will mean that they (GAA) will present all of the his court case details on his alleged domestic abuse. From what I hear that will not be pretty!
The reality is that is there was no contract with Naas and if he goes down that route he'll have to declare what he was promised. There is no case to answer here and Gallagher is on a hiding to nothing.

[RedHand88]

A couple of mentions of contracts. In one sense the clearing of him by Ulster GAA before the letter could have been seen as a breach of 'contract' and there is a more obvious mention of a 'verbal' one with Naas.

There's a defamation angle but if he goes down contract as coach route then loss of earnings would be public. Naas would have to say how much they were paying him and that's another can of worms with the tax man...

No such thing as contract in GAA management be it club or county.  It's a verbal agreement. 

Is there a difference in legal terms?

[David McKeown]

When it refers to breach of contract I don't think it means any form of management contract.

I think from what I'm reading there that the contract being referred to is the contractual relationship that occurs when two sides agree go to arbitration. In essence in order to take a case to arbitration both sides have to bind themselves to be contractually obligated to respect the outcome of same.

I think the breach of contract being referred to is that by sending the email in question the GAA through their servant or agent Jarlath Burns have undermined that contractual obligation to bound by the DRA decision.

[tiempo]

It's a silly move by Gallagher. Any case against the GAA will mean that they (GAA) will present all of the his court case details on his alleged domestic abuse. From what I hear that will not be pretty!
The reality is that is there was no contract with Naas and if he goes down that route he'll have to declare what he was promised. There is no case to answer here and Gallagher is on a hiding to nothing.

I'd hope the GAA would think twice before doing this, they need to engage proactively with the case and not the jackboot approach taken so far

[Duine Inteacht Eile]

Gallagher isn't flying by the seat of his pants here.
Every nook and cranny of this will have been looked at by his legal team before deciding to proceed. It'll be very interesting to see how it works out.

He didn't take Stephen Maguire's wife for defamation?

This has been chosen as a winner.

[DaleCooper]

Gallagher isn't flying by the seat of his pants here.
Every nook and cranny of this will have been looked at by his legal team before deciding to proceed. It'll be very interesting to see how it works out.

Burns made a balls of this. As things stand Gallagher is an innocent man, I assume his strategy is "you've publicly humiliated me are you prepared for likewise?"

He has nothing to lose as his reputation is in tatters already.

[David McKeown]

It's a silly move by Gallagher. Any case against the GAA will mean that they (GAA) will present all of the his court case details on his alleged domestic abuse. From what I hear that will not be pretty!
The reality is that is there was no contract with Naas and if he goes down that route he'll have to declare what he was promised. There is no case to answer here and Gallagher is on a hiding to nothing.

I'd hope the GAA would think twice before doing this, they need to engage proactively with the case and not the jackboot approach taken so far

I also don't know how they'd legally do that.

[David McKeown]

Gallagher isn't flying by the seat of his pants here.
Every nook and cranny of this will have been looked at by his legal team before deciding to proceed. It'll be very interesting to see how it works out.

He didn't take Stephen Maguire's wife for defamation?

This has been chosen as a winner.

As I've said previously defamation isn't just as simple as you said something untrue about me I'm going to sue. Similarly if multiple people say things about you, you may choose not to sue everyone. That doesn't mean you accept the content of what some say.

So I don't think much store can be placed on not suing some individuals.

[DaleCooper]

SMs wife isn't President of the GAA , an organisation with considerable cash reserves 

[tbrick18]

When it refers to breach of contract I don't think it means any form of management contract.

I think from what I'm reading there that the contract being referred to is the contractual relationship that occurs when two sides agree go to arbitration. In essence in order to take a case to arbitration both sides have to bind themselves to be contractually obligated to respect the outcome of same.

I think the breach of contract being referred to is that by sending the email in question the GAA through their servant or agent Jarlath Burns have undermined that contractual obligation to bound by the DRA decision.

I'm no legal expert but that was my reading of it too.
DRA overturned his disbarment but Burns, by his actions effectively implemented a disbarment.
RG sounds like he's in the right to me.

I've said it before, given that there has been no legal action taken against Gallagher for the accusations, not even charged, then there should be no reason whey he can't coach or manage.

Burns overstepped - he let his personal opinion affect his professional judgement.

[Captain Scarlet]

Am I right in the below...

The below is the breach of their own contract whereby he was cleared by the DRA and GAA. Then this agreement was indirectly reneged on by the email...

Mr Gallagher wants a declaration that the defendants acted in breach of contract and due process when they, in effect, disciplined him on January 5th, thereby failing to be bound by a determination of the Dispute Resolution Authority in February 2024, and associated damages.

And then this is directly in relation to the Naas gig - where he will need to come out with loss of earning...

He is further seeking a declaration, and damages, that the defendants wrongfully induced or procured Naas to breach its lawful contractual obligations arising from a contract "made orally" between him and the Kildare club on or about late December 2024.

[twohands!!!]

Am I right in the below...

The below is the breach of their own contract whereby he was cleared by the DRA and GAA. Then this agreement was indirectly reneged on by the email...

Mr Gallagher wants a declaration that the defendants acted in breach of contract and due process when they, in effect, disciplined him on January 5th, thereby failing to be bound by a determination of the Dispute Resolution Authority in February 2024, and associated damages.

And then this is directly in relation to the Naas gig - where he will need to come out with loss of earning...

He is further seeking a declaration, and damages, that the defendants wrongfully induced or procured Naas to breach its lawful contractual obligations arising from a contract "made orally" between him and the Kildare club on or about late December 2024.

Not a lawyer but just reading the bit about Naas breaching its lawful contractual obligations, makes me wonder  if the court ruled in his favour on that if it would go close to establishing in law that any club manager who gets money (don't know if expenses versus more than expenses would make a difference) is in de facto employment (with all the rules/regulations/protections that come with something being legally classified as a job e.g. rules on working conditions/working hours/pensions/holiday rights/dismissal. Could potentially be opening up a huge minefield for the GAA as a whole.