So he wants to go, fine good riddance I say. But what is the contractual situation? For me, he can be sacked immediately due to gross misconduct - ie. failing to adhere to the terms of his contract ie. play football. With no settlement to him or pay-off, in fact we should reserve the right to sue him for lost potential transfer fee (said with tongue firmly in cheek - as if we would ever get a fee for the sack of **** lol).
Anyone know whether this is true? I am sick of footballers holding all the cards, if he thinks he can just waltz off to another team then something is wrong in football, similarly why should we let him rot in the reserves if we have to continue to pay his wages? If I was Bates I would refuse to pay him another penny, end of, irrespective what his contract says.
Things like this really wind me up. If we cannot sack him and he either gets his contract paid up or he swans off to another team then we need to really look at the rules. What would you lot do?
Rant over, MOT and well done today lads.
The AOB Situation
posted on 19/11/11
Well said (whitenomad) he will regret saying that he does not want to play for us, Ken Bates will have a field day with him about his contract and no doubt will lay the rules down to him
posted on 19/11/11
From the FIFA website.
Article 17 Consequences of terminating a contract without just cause
The following provisions apply if a contract is terminated without just cause:
1. In all cases, the party in breach shall pay compensation. Subject
to the provisions of article 20 and Annexe 4 in relation to training compensation, and unless otherwise provided for in the contract, compensation for the breach shall be calculated with due consideration for the law of the country concerned, the specificity of sport, and any other objective criteria. These criteria
shall include, in particular, the remuneration and other benefits due to the player under the existing contract and/or the new contract, the time remaining on the existing contract up to a maximum of five years, the fees and expenses paid or incurred by the former club (amortised over the term of the contract) and whether the contractual breach falls within a protected period.
2. Entitlement to compensation cannot be assigned to a third party. If a professional is required to pay compensation, the professional and his new club shall be jointly and severally liable for its payment.
The amount may be stipulated in the contract or agreed between the parties.
3. In addition to the obligation to pay compensation, sporting sanctions shall also be imposed on any player found to be in breach of contract during the protected period. This sanction shall be a
four-month restriction on playing in offi cial matches. In the case of aggravating circumstances, the restriction
shall last six months.
In all cases, these sporting sanctions shall take effect from the start of the following season at the new club. Unilateral breach without just cause or sporting just cause after the protected period shall not result in sporting sanctions. Disciplinary measures may, however, be imposed outside the protected period for failure to give notice of termination within 15 days of the last offi cial match of the season (including national cups) of the club with which the player is
registered. The protected period starts again when, while renewing the contract, the duration of the previous contract is extended.
IV. MAINTENANCE OF CONTRACTUAL STABILITY
BETWEEN PROFESSIONALS AND CLUBS15
4. In addition to the obligation to pay compensation, sporting sanctions shall be imposed on any club found to be in breach of contract or found to be inducing a breach of contract during the protected period. It shall be presumed, unless established to the
contrary, that any club signing a professional who has
terminated his contract without just cause has induced that professional to commit a breach. The club shall be
banned from registering any new players, either nationally or internationally, for two registration
periods.
5. Any person subject to the FIFA Statutes and regulations (club officials,
players’ agents, players, etc.) who acts in a manner designed to induce a breach of contract between a professional and a club in order to facilitate the transfer of the player shall be sanctioned
posted on 19/11/11
Is this the same obrien who said in preseason that Leeds was a better place to be than ambitious teams like Leicester and that he wouldn't be anywhere else but Leeds?
I have never rated him since he came to Leeds, now maybe people can see why I thought he wasn't the right character for us.
posted on 19/11/11
And to make matters worse for himself he even has'nt got a agent, so he will have to negotiate his way out of this
posted on 19/11/11
Comment Deleted by Site Moderator
posted on 19/11/11
Sell him, get it done swiftly. Ban him from the training ground until he goes too.
Good to see we've got another O'Brien thread, we've not got enough of them.
posted on 19/11/11
Seems we might have got lucky
posted on 19/11/11
i'd have him train with the juniors....bet they'll run rings around him aswell...
posted on 19/11/11
Harj I wouldn't want his bad attitude near impressionable juniors.
posted on 19/11/11
This is just what I've picked up on from reading about the Tevez situation, but if a player refuses to play for the club, he has indeed broken his contract, can be sacked and then the club would have his registration still so he couldn't move to another club without us releasing it.