Benjamin Mendy | Joins Pogon Szczecin (p92)

[gordondaviesmoustache]

I’m guessing somewhat here, but it’s an employment tribunal so I can - I wonder if this turns on whether breaching his bail conditions amounted to gross misconduct in the course of his employment.

 

[blue b4 the moon]

Couldn't be bothered going back through the thread but didn't we originally suspend him on full pay until he breached bail conditions and got locked up? That's down to him if true, regardless of the final outcome of the charges.

That's what I thought this morning when it came up on the news...suppose by the time i get to the end page this morning it'll be cleared up if that's the case.

 

[ganganvince]

Couldn't be bothered going back through the thread but didn't we originally suspend him on full pay until he breached bail conditions and got locked up? That's down to him if true, regardless of the final outcome of the charges.

Had a similar case were someone working in my team was remanded in custody I has to mark him as paid abs till convicted.

 

[Bluesbrother]

I would have thought he has frustrated his contract by not being available to play. This I would think would be grounds for dismissal

 

[bluemoon32]

**** should give us money for all that cringey shark shite

 

[BerkshireBlue]

Because...

because that's what his contract will say. If it says something different I'd be amazed

 

[The Lightbowne Cowboy]

I don’t know. And I do mean literally that I don’t know. But I do know that employment law does heavily favour the employer, in this country at least.

Whatever the outcome of the trial, if an employee is incapable of fulfilling their contractually duties, for whatever reason, I’m guessing law would normally look favourably on the employer if they decided not to pay them.

It would be a bit embarrassing and surprising, if these best lawyers in the world we keep hearing about have advised the club badly on something as pretty basic as this.

Fair enough. You obviously know more about this thing than I do pal.

 

[bobbyowenquiff]

Be interesting to see the outcome. I think he has a case.

We will have to pay up his contract. He was innocent so can’t see how we avoid that. Not sure why we would even contest it to be honest.

 

[Tevez City]

Benjamin Mendy faces former club Manchester City in a two-day employment tribunal starting this morning.

Mendy claims City failed to pay his wages between September 2021 until his contract ended in June 2023.

He had been suspended by City after being charged with a number of serious criminal offences assault in the September but was found not guilty on all counts in 2023.

Whats the normal procedure for these cases ?

I don' think this is a new case in football.

 

[Gazza]

I do as well. The guy was found innocent at the end of the day.

Not guilty isn't innocent.

Not innocent means a person is completely cleared of the accusation, often implying they didn’t commit the act. "Not guilty" means there's not enough evidence to convict them. The former asserts their innocence, the latter highlights the prosecution's failure to prove guilt beyond a reasonable doubt. It's a subtle but crucial legal difference.

 

[Roachy]

Not guilty isn't innocent.

Not innocent means a person is completely cleared of the accusation, often implying they didn’t commit the act. "Not guilty" means there's not enough evidence to convict them. The former asserts their innocence, the latter highlights the prosecution's failure to prove guilt beyond a reasonable doubt. It's a subtle but crucial legal difference.

Same outcome though?

 

[roubaixtuesday]

We will have to pay up his contract. He was innocent so can’t see how we avoid that. Not sure why we would even contest it to be honest.

You can still be in breach of contract without breaking criminal law.

 

[kunaguero10]

I would have thought he has frustrated his contract by not being available to play. This I would think would be grounds for dismissal

The fucker certainly frustrated me whenever he was available to play

 

[bobbyowenquiff]

You can still be in breach of contract without breaking criminal law.

I know but surely City have got bigger fish to fry. They will settle anyway at some point. Just pay up his contract and move on. I presume the dispute is probably based on some bonus element rather than wages. City just need to make this go away. Not worth the legal fees. Employment tribunals are not worth the hassle in reputational terms for starters. We don’t need to reopen memories of Mendy at this point. Focus has to be on the 115

 

[roubaixtuesday]

I know but surely City have got bigger fish to fry. They will settle anyway at some point. Just pay up his contract and move on. I presume the dispute is probably based on some bonus element rather than wages. City just need to make this go away. Not worth the legal fees. Employment tribunals are not worth the hassle in reputational terms for starters. We don’t need to reopen memories of Mendy at this point. Focus has to be on the 115

I agree it's very surprising that this has gone to tribunal, would normally be settled.

 

[Stoned Rose]

Can see both sides here.

Be interesting to see wa gwan.

 

[Kippax Street 1880]

Sue this horrible **** for his transfer fee in retaliation. He took the piss from the first second he walked through the door the tubby unprofessional sex pest.

 

[bobbyowenquiff]

I agree it's very surprising that this has gone to tribunal, would normally be settled.

A tribunal can only bring reputational damage. We should have sacked Mendy for his second lockdown party breach but we backed him and then all the sex and drugs allegations came out. We had an opportunity to nip this in the bud.

 

[Stephen230]

Sue this horrible **** for his transfer fee in retaliation. He took the piss from the first second he walked through the door the tubby unprofessional sex pest.

Mendy having second thoughts as to whether hiring Kippax Street 1880 as his council was a wise move after all.

 

[KS55]

Same outcome though?

It can make a difference on appeal. If the appeal court is sceptical of the appellant’s innocence, they will err on the side of disallowing the appeal. Similarly in the application for compensation for wrongful imprisonment.