ARLC boss Peter V’landys has issued numerous veiled warnings to players who may be considering signing with the breakaway R360 rugby union competition, including potential bans from ever returning to the NRL.
However prominent lawyer and former West Tigers club chairman Lee Hagipantelis has revealed the NRL could face significant legal issues if they attempt to do so.
“It’s an interesting one,” Hagipantelis explained on SEN radio.
“The NRL can attempt to impose some sanctions to preclude a player from returning, but I have no doubt that they would face some significant legal hurdles under Australian employment and contract law.”
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Hagipantelis, who is principal of Brydens Lawyers, said such an action from the NRL would almost certainly be subject to a legal challenge as a restraint of trade.
“Any restriction on a person’s ability to work or trade is void unless it can be established that it’s in the genuinely reasonable commercial interest of the party and public interest,” he explained, suggesting any move by the NRL to veto a player’s contract for playing in a rebel league would come under close legal scrutiny with judgements likely to serve player interests more than the NRL.
“The courts take a very liberal view over people’s entitlement to work for an employer of their choice, [they] do not look favourably on any unfair restraints,” he added.
In the same interview, Hagipantelis also warned that based on his own conversations with officials behind the R360 league, the Australian rugby league community would be well served to take the R360 threat more seriously.
“I had a coffee with the CEO of R360 and they should not be dismissed so readily as an organisation,” he said.
“They have done a lot of work, there’s a lot of very substantial business people and a lot of substantial money behind it.”
Hagipantelis served as Wests Tigers chairman from 2019 to 2023.