mammutly said:
Much though I would like to agree, City have not handled this well.
Mancini spoke to millions of people after the Bayern game to say that Tevez was finished. They they fined him an amount in excess of the contractual maximum and announced it publically. I don't like it, but add those two things together and he does have a case for constructive dismissal if the club cancel his contract.
He can argue that the club's refusal to grant him exceptional leave in the circumstances was a 'final straw'.
Doesn't come down to general rights and wrongs. It comes down to detail and what can be proved or not.
The outcome of this will be a Compromise Agreement with Tevez leaving by mutual consent with an undisclosed payment (which will be a lot).
Good points, but I feel City are currently on very good ground on the strength that:
1) The 5 charges relating to breach of contract were upheld and have not been contested.
2) The club state he was told more than once "no" when asked if he could go home during the international break. He was required to remain at City to continue his training programme - as were Bridge and Onouha, who both remained.
3) Gordon Taylor from the PFA has also given a stern warning about the consequences of his actions as he clearly recognises the PFA are not going to be able to offer much of a defence fro him under the circumstances.
4) Jim Boyle from FIFA has been quoted as saying FIFA are supportive of City taking action against Tevez.
5) Prior to all this, City have been very accommodating with respect to leave etc to spend time with his family. However we have clear, irrefutable evidence that on at least one occasion, the request to be with his family in Argentina lead him to spending time in Tenerife with a rather attractive young lady.
6) Despite claims to try and contact Mancini directly before he went (despite already being told "no, you cannot go") he has made no attempt to return and has been AWOL for 7 days (and counting)
7) By being AWOL for 7 days, he is clearly not available for selection so we cannot play him if we wanted to.
8) Mancini has offered an olive branch and stated publicly that if Carlos apologised to him & the team he could come back into the fold. So far he has refused even that.
9) There have been reports of Carlos missing training through various 'mystery injuries' since the Munich game.
10) We can also point to the acrimonious manner in which he has left at least 2 former clubs.
So by his own actions, the words of his union rep and the game's governing body I'd be amazed if there was a case for CD - I'm not saying there would be no brief willing to take it on - but I cannot envisage any court finding in favour of Tevez on this one. If anything, I think City have a compelling case to summarily dismiss him, withhold his registration and (should they wish) pursue him through the courts for compensation.
If you listen carefully, we might just be able to hear the bang of a petard as the little fucker gets hoisted.
