By Michael Chammas and Sarah Keoghan
Bryce Cartwright and Brian Kelly may not be paid by Gold Coast beyond the end of this month as the Titans and NRL brace for a potential courtroom showdown with the players should the Queensland government enforce the "no jab, no play" policy.
Cartwright and Kelly, who both refused to take flu jabs, have been stood down and are waiting on the result of an NRL application for a vaccination exemption from the state government.
Bryce Cartwright faces the possibility of not being paid if he refuses the flu jab, which the Queensland government says is compulsory for all players in the state.Credit: AAP
The pair have been paid for this month but the Herald has been told by NRL sources that the governing body would back the Titans if they decided to stop payment next month because the players' values prevented them fulfilling contractual obligations.
The NRL believes it would be covered in any legal proceedings given those who refused the shot would, in the code's opinion, be acting on personal beliefs rather than medical grounds.
The Herald has obtained a copy of an NRL player contract, which is likely to be dissected heavily should Kelly and Cartwright, who is on a deal believed to be worth more than $600,000 a year until the end of 2021, be denied the right to train and play.
Under the "termination due to health risk" section of the contract, it states: "Where in the reasonable opinion of the club medical officer, the player would by reason of some physical medical condition be exposed by playing the game to a greater than usual risk to his health, or to a greater than usual risk to injury, the club may at any time during the employment term, terminate this agreement with immediate effect."
Brian Kelly has also refused to take the flu shot.Credit: AAP
Under the NRL rules, which the players are contracted to abide by, it also states: "That a player must make every effort to be and remain fit to play the game, and is and will be able to perform his obligations under the agreement, without exposing himself to greater than usual risk to injury."
Insurance and liability lawyer Lucinda Lyons said the NRL could be at risk if a vaccination directive was not outlined in either its policies or the players' contracts with the club.
"With all professional sporting codes, a number of policies and agreements regulate NRL player conduct on and off the field," Lyons said. "It would be surprising if these polices and agreements do not preserve for the NRL, or for the individual clubs, some power that might be used to try to exclude a player from participating unless he is vaccinated or has signed a waiver.
"However, unless there is a clear and specific power in relation to vaccinations, this may leave some room for argument as to the legality of the move."
Employment lawyer Kamal Farouque said players could lawfully be stood down even without a provision in their contract, so long as the directive from the NRL and clubs was considered reasonable.
"In the current environment, the ground would be shifting towards an assessment that the requirement is lawful and reasonable," he said.
Titans coach Justin Holbrook said on Monday he was part of the majority who think players should get the vaccination and move on. He said he was preparing for a season without Cartwright and Kelly.
"I'm one of the 98 per cent, and there will be 98 per cent in the community that will say just get the shot and come back to work," he said. "But those 2 per cent; they've got some different views and two circumstances and it's not that easy for those guys."