Carlolos Tevez

[Hoop Blah]

But if the player's contract has the standard clause that the maximum fine is 2 weeks wages, and the club decides to breach that clause, who can really blame the PFA or anyone for pointing that out?

Especially because the PFA are fighting against a precedent which could affect every other player.

The standard fine is a maximum of 2 weeks. Clubs can go over and above that in exceptional circumstance of gross misconduct etc. It's not limited to 2 weeks in the way your post reads.

City's arguement was that effectively refusing to play, ie refusing to warm up to get ready to come on, was gross misconduct. Personally I think they've got a pretty good case their.

The PFA's role here is a bit difficult. Yes they need to protect their members rights, and not just in the case of Tevez obviously, this could have further ramifications, but the way they seem to have handled it doesn't sound great.

[Uke]

But if the player's contract has the standard clause that the maximum fine is 2 weeks wages, and the club decides to breach that clause, who can really blame the PFA or anyone for pointing that out?

Especially because the PFA are fighting against a precedent which could affect every other player.

I wouldn't have a problem if Taylor has said something along the lines of "Tevez's behaviour was a disgrace but, contractually, he cannot be fined more than 2 weeks wages" but he didn't, he sought to justify Tevez's view that he shouldn't have to warm up if he didn't want to as he found it humiliating having previously warmed up and not been brought on.

But the poor soul had been "humiliated" twice

Bless

[soggy biscuit]

A total loss of credibility for both Taylor and the PFA who should be fighting for the interests of the game, not the interests of pampered multi millionairre prima donnas.

Wages and pampered lifestyle are surely irrelevant here. They need to offer the same support to Tevez as they would an Morcombe reserve

Heard again the other day how it is Mancini's comments after the game that have landed City in the brown stuff. Announcing 'he will never play for us again' (or however he put it) shouldn't happen in the work place and the fact he said that opens up a case for Tevez to sue the club.

[Schards#2]

A total loss of credibility for both Taylor and the PFA who should be fighting for the interests of the game, not the interests of pampered multi millionairre prima donnas.

Wages and pampered lifestyle are surely irrelevant here. They need to offer the same support to Tevez as they would an Morcombe reserve

Heard again the other day how it is Mancini's comments after the game that have landed City in the brown stuff. Announcing 'he will never play for us again' (or however he put it) shouldn't happen in the work place and the fact he said that opens up a case for Tevez to sue the club.

Why? Surely the courts cannot dictate a manager's team selection?

[Svlad Cjelli]

How long has any player's contract guaranteed that he will play matches? The contract is how much he'll get paid and how long he'll be tied to teh club, etc. Mancini can surely play or not play whoever he likes.

[Hoop Blah]

In Tevez' defence (and I don't believe he deserves one) the manager stating that he'll refuse to consider him for the team ever again could be considered a restraint of trade because a significant amount of his potential earnings will be made up of bonus payments based on his performances on the pitch.

[Tails]

Actually, it depends if this sort of thing happens on occasion in football. I have played at clubs where this comment is made more often than you think and so it becomes part and parcel of working in this 'profession'. Therefore it wouldn't necessarily be constructive dismissal.

I think the fact that he had previously said that he never would play for the club before this episode, and did, would be persuasive to an employment tribunal to conclude that this is an explosive relationship whereby these heated comments aren't necessarily 'meant'.

[Uke]

Just how many instructions can a manager give a player on the bench? I can only think of a few

Start/stop warming up

Go on the pitch

Go boil your neck

[Tails]

Ah, I would have thought constructive dismissal would have been more appropriate in this circumstance - hence why I thought we could run with that.

[Bandini]

Actually, it depends if this sort of thing happens on occasion in football. I have played at clubs where this comment is made more often than you think and so it becomes part and parcel of working in this 'profession'. Therefore it wouldn't necessarily be constructive dismissal.

I think the fact that he had previously said that he never would play for the club before this episode, and did, would be persuasive to an employment tribunal to conclude that this is an explosive relationship whereby these heated comments aren't necessarily 'meant'.

I didn't say constructive dismissal, I said construed as a dismissal - in that it was a direct dismissal as opposed to a dismissal by conduct. But I stress could.

I don't think so, Seb. His job isn't to play for the first team.

But even if it could be construed as a dismissal, it wouldn't mean that Citeh would have to relinquish his registration (which is what the argument would end up being about in any event).

[Uke]

How unusual, Tevez's registration being held by someone else!

[Mr Angry]

Surprised this hasn't been mentioned....

http://news.bbc.co.uk/sport1/hi/football/15651136.stm

"Manchester City have instructed their lawyers to take action after striker Carlos Tevez failed to report for training on Wednesday.

The club expected Tevez to attend the session, despite him being pictured arriving in Argentina on Tuesday.

City said Tevez had been refused permission to return home."

He is simply taking the pi$$ out of his employers here; no doubt we will be told it was all a "mis-translation" or a "misunderstanding" and how poor old Carlos is being victimised by Man City.

Its so obviously a ploy to let him move "closer to his family"; ie: Italy or Spain, by making Man City so sick of him they just off load him for a pittance.

And I bet he will expect any loyalty bonuses when he goes!

[Uke]

He'll probably claim that as he wasn't being paid salary for the week, he could do we wants.

He is taking the piss.

The problem is I would presume that as long as they hold his registration he would have to be paid. Or fined.

[Bandini]

Just keep on fining him 2 weeks wages at a time.

[Schards#2]

It's humiliating to expect to turn up and train for just £250,000 per week.

[Kitsondinho]

What a complete idiot Tevez is...........Mind you there will be a club out there who is stupid enough to take him on when City sell.

[Uke]

What a complete idiot Tevez is...........Mind you there will be a club out there who is stupid enough to take him on when City sell.

If. He's saving them a lot of money by fining him every two weeks, and getting fatter too

[Svlad Cjelli]

Certainly looks like he's trying to provoke them as much as possible - presumably to release him from the contract.

[Uke]

Certainly looks like he's trying to provoke them as much as possible - presumably to release him from the contract.

There must be a breach of contract penalty on his side Shirley?

[Svlad Cjelli]

Certainly looks like he's trying to provoke them as much as possible - presumably to release him from the contract.

There must be a breach of contract penalty on his side Shirley?

Maybe - but not sure it'd be punitive.