2013 Ashes Part I

[Brisbok]

He could have surely picked a better time.

Perhaps wait until after the 5th test finishes on 25th August to file his claim? He should probably also consider the preparations of the ODI squad - so maybe wait til the one dayers are over on 16th September?

Surely it's pretty much standard procedure to file an unfair dismissal claim relatively soon after the event?

This whole thing does leave a very bad taste in the mouth though and Mickey is certainly not winning himself any friends because of it.

 

[Braveheart81]

- on batting, we don't know enough about Cowan's ist test performance (e.g. was he sick, what instructions was he given form Lehman etc.), but from the outside I would bring in Usmin. No other batter changes other than strict instructions to the top 6 to pull their finger out (otherwise Lehman will push it further in!).

The difficulty if they drop Cowan for Khawaja now is what do you do if Khawaja fails twice in the second test?

It would be silly to bring him in and then axe him after one game if he doesn't do well. By the same token, he's no guarantee to do better than Cowan. It's not like he is carrying excellent form or has a strong test record.

I'd give Cowan one more test to see how he goes. If he fails again then Khawaja or Warner can come in for the third test and play out the rest of the series.

 

[I like to watch]

Perhaps wait until after the 5th test finishes on 25th August to file his claim? He should probably also consider the preparations of the ODI squad - so maybe wait til the one dayers are over on 16th September?

Surely it's pretty much standard procedure to file an unfair dismissal claim relatively soon after the event?

This whole thing does leave a very bad taste in the mouth though and Mickey is certainly not winning himself any friends because of it.

I don't get the outrage.
As you say when should he file his claim?
it's clearly a commercial disagreement about his severance pay.
He will get what he is contractually owed,nothing more.
If people are to be critical,look to the ACB, they did nothing to mitigate their exposure and sacked the guy without due process and a gutfull of time left on his contract.Then they reneged on their contractual obligations.

 

[mark_s]

The difficulty if they drop Cowan for Khawaja now is what do you do if Khawaja fails twice in the second test?

Its a good point you make. I just don't think Cowan is a 3, unless we are assuming one of the openers will always go quickly. I would rather invest more time in Usmin at 3 as I rate him although I can understand why others don't.

 

[ACT Crusader]

I wouldn't be surprised by the reinstatement proposition if he is claiming he was unlawfully terminated. If his claims are upheld then reinstatement is a legal option. But the reality is that its probably a PR stunt to demonstrate that it's not just about the money.

It will never happen as CA will argue until they're blue in the face that it's no longer tenable to have him there etc. Plenty of caselaw on that.

About the documents getting into the media, well CA no doubt would've received copies of the application and supporting materials. Unless orders have been sought in the Fair Work tribunal or in another court that require them to remain confidential then they can be used as the parties see fit. Doesn't do anything to enhance the relationship though when someone's used them to make the 6 o'clock news....

 

[ACT Crusader]

A few more points to come to light.

• It is a "general protections claim" that Athur has filed with the Fair Work tribunal.
• He's being represented by Harmers lawyers
• Arthur's spokesperson could not confirm the $4 mill figure being used in the media
• Arthur is "upset" about it being "leaked" to the media
• Conciliation next week

A conciliation conference as I understand it is compulsory before a claim goes to any formal court hearing.

May all be resolved by next week. I guess we'll see if both sides want to keep playing the media game

 

[Sidbarret]

I wouldn't be surprised by the reinstatement proposition if he is claiming he was unlawfully terminated. If his claims are upheld then reinstatement is a legal option. But the reality is that its probably a PR stunt to demonstrate that it's not just about the money.

It will never happen as CA will argue until they're blue in the face that it's no longer tenable to have him there etc. Plenty of caselaw on that.

About the documents getting into the media, well CA no doubt would've received copies of the application and supporting materials. Unless orders have been sought in the Fair Work tribunal or in another court that require them to remain confidential then they can be used as the parties see fit. Doesn't do anything to enhance the relationship though when someone's used them to make the 6 o'clock news..

I am not familiar with Australian labour law, but I have two possible theories.

One, Arthur has a duty to mitigate his loss caused by the dismissal, in other words find another job. By effectively applying for the job he is showing that it is impossible for him to mitigate his losses.

Second, usually when you are trying to enforce contractual obligations of another party you must at least offer to honour your contractual obligations. By asking for re-instatement he is offering his services in return for the money in terms of the employment contract. If CA want to decline his offer, that is fine, but are still obliged to pay him.

 

[light]

Predictions for 2nd Test anyone?

Few final thoughts:
- Batting first is huge advantage
- Priority wickets for AUS: Kevin Pietersen & Alistair Cook
- Priority wickets for ENG: Michael Clarke & Phillip Hughes
- Bowling threats for AUS: James Anderson & Steve Finn
- Bowling threat for ENG: Ryan Harris (if selected) & Peter Siddle


Rest assured this test won't be a draw.

 

[Braveheart81]

light - I agree with most of what you're saying but I think England will drop Steve Finn for Tim Bresnan and I think Australia will select the same bowling attack and probably the same lineup.

After CA declared the rotation policy dead, it is hard to see them dropping any of our three fast bowlers from the first test. 8, 5 and 5 wickets is a good to excellent return for each of them.

 

[JSRF10]

Australian team being report as:

Shane Watson, Chris Rogers, Usman Khawaja, Michael Clarke (c), Steve Smith, Phil Hughes, Brad Haddin, Ashton Agar, Peter Siddle, James Pattinson, Ryan Harris

http://www.guardian.co.uk/sport/2013/jul/18/australia-ashes-ryan-harris-usman-khawaja

Khawaja coming in is a strange selection as he has no form to speak of at this level. Harris could prove a master stroke as his style of bowling usually goes well at Lords.

 

[light]

Braveheart81 - They have announced the same squad and most press reports suggest Finn will be playing because it is his home ground. He has had plenty of success there but Anderson and Swann both also average around 28 at Lords so any of them could threaten us. Spin shouldn't factor until the second innings and I'm hoping we will see a lot more of Agar and Swann.

As for our charge, I think we really need Harris. He hits the deck hard and bowls a consistant line and length and doesn't tend to spray the ball as much as Starc. His role is similar to Siddle in that he is a genuine wicket-taker and match winner who can bowl for extended periods. This may work against him as we tend to want a left-arm express bowler who can move the ball. At Lords I'd prefer Harris who can keep the ball in the same spot and shut down one end, similar to Watson however a bigger threat of taking wickets. The ground is different to most in that the bowlers face a slope when running in and there is very little room for error with generally quick outfields.

I wouldn't be too worried if he isn't picked though, Starc has the ability to grab early wickets and is no mug with the bat.


EDIT: Just as I posted this Aus team is announced, Harris playing instead of Starc. Khawaja in too.

 

[light]

Just a quick observation that both players brought in are from Boof's successful QLD side. That adds to Watson and removes another New South Welshman. GREAT STUFF!

Predicted it already on this thread but Joe Burns to be included when we defend the urn back home, so too Hartley. Heard it here first.

 

[light]

England win the toss and bat,

easiest decision Alistair Cook has ever made.

 

[GaffaCHinO]

3/32 after 9 overs yep great choice

Sent from my GT-I9300T using Tapatalk 2

 

[Hugh Jarse]

Good start for us - I think. Soap Dodgers are 52-3 from 17 overs. Cook gone for 12, Root was LBW for 6 Peterson out for 2.

Trott 18 NO Bell 10 NO. More wickets needed soon or this pair will put a stack of runs on.

Hopefully our top order does better in our first dig.

EDIT: Lunch with no more wickets falling. About 80 for 3. Momentum swinging back towards the home team.

 

[light]

Lunch is coming to an end. Eng 3/80

Harris 2/21, Watson 1/12

Trott & Bell partnership is the key.

 

[light]

I'd argue Smith is one of our most valuable players right now. His efforts last night did not surprise me, always been a very handy bowler. Add his form with the bat and maybe he's the team allrounder?

After day 1 I think we are on top, just. 350 is a minimum first innings score at Lords. If we clean the tail up it quickly we have a good chance at burying them with the bat.

Really need to survive Anderson early, if we can do that there's no reason we won't see a few centuries. Clarke to top score.

 

[Braveheart81]

I reckon it is even after day 1 and certainly England would be happy with that after being 3/28. With that sort of start we should have been well on top.

The first hour will be crucial tonight. We have to clean up the tail quickly with the new ball. If our bowling is erratic and we don't knock over Bresnan quickly we could easily be chasing 450 in the first innings.

 

[light]

Cummins 2/6 last night over in Zimbabwe. Henriques top scorer with the bat, 71.

 

[The_Brown_Hornet]

Yep, restricting these guys to under 350 is what's necessary. There look to be a lot of runs in this pitch after the new ball has been seen off.