Tevez suspended - OS

[Jay]

Ur dreaming Jay.

The sheikh will have taken this as a slap in the face.

FIFA need to set precedent and will actually help us do this.

He is fucked.

Chelsea/Mutu. Even if they take it to court, they won't get paid. And Tevez will be playing in Europe/South America.

I hope we stitch the little **** up, but in reality, it ain't going to happen.

 

[shadygiz]

make him buy out his contract if he wants out

 

[robsta]

I just hope that as part of his suspension the club have insisted that he either has to report to the club on a daily basis or has to be readily available to any investigations or meetings. I don't want to see pictures of him enjoying yet another bloody holiday somewhere or walking on to another Argentinian chat show to tell everyone how he's been badly treated.

 

[Thaksinssoldier]

Here's the fun part;

Mutu is an individual.he can say he doesn't have it.

I 100% guarantee KIA has Carlos set up as a company.company's have records.accounts.

Like I said.fucked.

 

[Jumanji]

The best bit are the comments from Fifa. Tevez is fucked from all parties.

 

[LoveCity]

I'd love it if there was some way of stripping this miserable waste of oxygen of all his wealth, but considering how obscenely rich he must be can't see it happening.

In the end I see us letting him go to Corinthians for a lesser fee than we asked for this summer.

 

[stalyblue]

He certainly will be paid.that's normal protocol any company.its our way of saying we didn't pre judge him before any investigation.

Once the investigation is done we'll sue the ass off him.

Something no one has thought of;

If we go out of CL we'll sue him for any potential loss of earnings.what's the kitty for the winners? ;-)

Back to the ghetto Carlos.

Employment law on Suspensions states that an employee CAN be suspended without pay under some circumstances:

"Suspension from work
While the disciplinary or dismissal issue is being looked into, your employer may be able to suspend you. You should be told why you are being suspended.

If your employment contract allows you to be suspended without pay, your employer can do so, so long as they are acting reasonably. If your employment contract does not say that your employer can do this, your employer may still be able to suspend you, but with pay. To make it clear that this isn't a punishment, the suspension will be on full pay in most cases.

You keep your employment rights while suspended. If you don't get the right pay you may be able to make a claim to an Employment Tribunal for 'unlawful deduction from wages'.

While suspended, you may be told not to talk to other employees, customers and/or suppliers. If this stops you defending yourself, it may be grounds for appeal. It is up to you whether you listen to this but your employer may take further disciplinary action if you don't."

Also, as an ex-Union official, I would assume that in the formal hearing the person in question (whose name I refuse to type) will be represented by the PFA assuming he has paid his union fees!!

I do not think that being a footballer changes the actual employment law issues. But if anyone else thinks I am wrong then I would stand corrected.

p.s. I would concur with the person who reckons we follow all the proper protocols and policies to make sure that his (*spit*) advisors cannot come back later and say we had done anything wrong and then sue us for wrongful dismissal et al. Get rid of him in a legal and above board manner and let the.................. sorry can't swear but I am sure you can finish that sentence for me!! :-)

Yes it does. Technically his services will be provided under a service contract, not an employment contract, probably with a company of which he is an employee, director and shareholder. The service contract will embody rules of the various football bodies (FA, UEFA, FIFA) and terms agreed with the PFA. These rules will include the maximum two weeks pay fine, and the release of his registration if the contract is terminated. There will almost certainly be a Gross Misconduct process, agreed with the PFA, that the club will be following. Normal employment law, covering pad holidays, sick pay, paternity leave, redundancy, dismissal, etc., does not apply.

 

[bluefandk]

The club is doing this the correct way, hopefully at the end of this a decision will be made that means Tevez never ever gets to put on a City-shirt again.

 

[Jay]

Here's the fun part;

Mutu is an individual.he can say he doesn't have it.

I 100% guarantee KIA has Carlos set up as a company.company's have records.accounts.

Like I said.fucked.

It'd be great if that was the case. But I doubt they'd hold any money in the accounts (if that was the case), and businesses are you usually better protected than individuals for legal action, assuming they're registered as a limited company in the UK.

We'll get nowt from him, the best we can hope for is getting a ban for breach of contract. At this point (emotions aside), we'd be best just getting rid of him.

 

[Blue Haze]

Well, if we can get 20m, then by all means. I just don't see it. We'd have to subpoena some shell corporation registered in the Caymans with an account in Switzerland. That would last years.

In the meantime we'd have to take a full loss on his remaining unamortized transfer fee. For argument's sake, if we bought him for 35m, the loss would be 3/5 of that amount. So a 21m hit for FFP purposes. If we sold him in January, we'd still have to pay him, but could potentially recoup all of that and possibly book a gain of 10m or more. That's probably net wages of a 25m difference.