bluefandk said:
Bluemoon115 said:
No, it's upto him. A key part of his job description is picking the playing squad. So yes, it would stand up in court.
The only way to legally void the statement would be to dismiss Mancini. THIS IS NOT A SUGGESTION ON MY PART, JUST AN OBSERVATION.
The only way Tevezs lawyer can void that statement is if they can prove that Tevez didnt refuse to play, if indeed Tevez did refuse to play he is in breach of contract thus giving Mancini cause to dismisss him.
Mancini didnt actually dismiss him with that statement though, Tevez has no right to expect to play only a right to train at the club and to get paid.
To bluefandk:
Mate: just please shut up with your attempts to shout down anyone who sees this situation with a bit more nuance than you can muster.
Nuance? I dont find hatefull anti Mancini rants to be nuanced, but nobody is trying to prevent you or anybody else from expressing your opinion.
Point (1):
Fans who do not consider Mancini's post-match rants to be the 100% full monty King James version of the full story are not necessarily Rags or agitators or members of some cabal or Mancini-haters....but simply level-headed City fans trying to make sense of a disappointing evening + working out what are City's realistic options going forward in how to handle a player (tevez) who would clearly rather be somewhere else.
Defending Tevez under the current circumstances is only done by people who want to use these circumstances as an excuse to have a go at the maneger
Point (2):
Having personally fought a number of high-profile employment disputes involving multi-year contracts / breach of contract / reputational damages / constructive dismissal etc....the complacency / naivety with which City fans are effectively saying f**k Tevez off / sue him / sack him ....does not square up with modern employment law.
( I prepared a long post earlier...which I decided against posting because I felt it was too long drawn-out + tedious ....but the gist of it would be that Tevez probably has more grounds for pursuing an action vs Man City than vice versa...given the lack of procedure that was observed in RM's post-match comments)
No employee who refuses to do his job will have a leg to stand on in any court.
Point (3):
Whilst I appreciate that feelings are running high over the Tevez affair...and the natural instinct is to rally behind the manager...this should not mean that anyone who chooses to raise valid points over RM's managerial "style" is a traitor or somehow "less worthy".
We all want the same thing: City to be successful + there is no-one on this planet who wants City to thrash Blackburn more than I do...but this does not mean that I slavishly believe RM has handled every "personnel" situation that he has been confonted with in the best possible way.
e.g. away from handling the "difficult" players (bellamy / adebayor etc) ... I thought it was rather inept of Mancini to bleat on at every press conference about City's inability to close the deal with Arsenal over signing Samir Nasri.
In what was clearly a stand-off between City / arsenal / Nasri's agents...all Mancini was doing was piling the pressure on City's negotiating team to be the ones that blinked first + gave in to the other's demands (which I think we did in the end).
This was an example of him putting his own livelihood (I want the player no matter how much he costs) ahead of the club's concerns (trying to comply with FFP).
Fergie / wenger / Mourinho / guardiola etc all play this game a bit cuter than RM.
We get it you dont like Mancini and no matter what he does you wont like it, but here is the point any maneger will be judged on results and on results only.
And Mancini has had fantastic results.