''I would think the clubs (franchises) have an obligation to make sure players don't lose out," Hodge said.
''If players were able to take up a new contract with another team, that I think is appropriate mitigation for the loss. I think there's a legal argument there.
''If a player is caught taking bribes, they're stuffed, having breached contractual terms.
''A fair court would say there is an implied term on the employer that it would not act in a corrupt manner to as to injure the financial prospects or earnings of the individual, innocent employee," Hodge said.
And if the players were told by either of the disgraced franchises that they would have to wait out the next two years, even if being paid for sitting on their hands, Hodge believes they are shaky ground for the franchises.
''I think there's a narrow line of cases that say for a person who is active and necessarily must remain active in their profession, just paying them money isn't the same as letting them practice their profession."
Putting them on garden leave would not be sufficient. McCullum, for example, has contracts in other T20 leagues, but Hodge's argument is that, given the form he's been in this year, it could be depriving him of income when in his prime.
''I'm thinking there is a strong argument the franchise would be causing further damage by refusing to let them play their professions without taint or stench and where they can be rewarded honourably for their talents because they have been besmirched."
What McCullum, Henry and Southee, and Super Kings coach and former New Zealand skipper Stephen Fleming think isn't known. They have gone to ground, and New Zealand Cricket aren't commenting either.
The next steps include whether the two franchises accept the three-man panel's rulings or choose to appeal.
Given the panel comprises a former Supreme Court chief justice, and two court judges, it's thought unlikely any court would interfere with its decisions.
India's governing body, the BCCI, has set up a meeting in Mumbai on Sunday. Fresh franchise bids is seen as an option to restore the league to eight teams for next season.
However only offering two-year terms is expected to weaken interest.