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Osvaldo


SO16_Saint

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Can't believe people are considering this even, I did also think Pelle and osvaldo would be a good strike force but having thought it through it would also be a recipe for disaster like others have said osvaldo always has had a reputation for being a lose canon and disrupting the rest of a team, he already had several incidents under his belt when we signed him, get rid in my opinion even at a significant loss

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Apparently not from what I was told today. The club have no idea where he is as he's not responding to them, they're having to go via the agent. Personally I'd sack him for breach of contract and have done with it. Utterly horrendous human being.

 

Problem with that is that Saints say goodbye to any transfer fee.

 

From a purely contract law point of view I think you could sack him for breach of contract and then sue for consequential loss (ie the loss of transfer fee). No idea if there is some PL / FIFA rule that trumps this.

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If he is unfit get second opinion. If he is not contactable contact his agent, fine him the standard two weeks wages. If/when he turns up discipline him and fine him continuously as appropriate until he conforms.

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From a purely contract law point of view I think you could sack him for breach of contract and then sue for consequential loss (ie the loss of transfer fee). No idea if there is some PL / FIFA rule that trumps this.

 

You could try, but all he need say is "I wouldn't have gone to X utd" and the transfer fee / loss becomes purely speculative. You might get a tribunal to agree there is loss, but I doubt it would be anywhere near the actual transfer value.

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From a purely contract law point of view I think you could sack him for breach of contract and then sue for consequential loss (ie the loss of transfer fee). No idea if there is some PL / FIFA rule that trumps this.

 

I guess Mutu, although for different reasons, sets a precedence for players being sued by clubs for breach of contract.

 

As for those saying get a second opinion, I think that it entrely right and proper for the club to send their own doctor to check him over. God knows what he is being paid - £50k? £65k?

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From a purely contract law point of view I think you could sack him for breach of contract and then sue for consequential loss (ie the loss of transfer fee). No idea if there is some PL / FIFA rule that trumps this.

 

Pretty sure the PFA controls what's regarded as reasonable within the parameters of football in England in their role as the players' union. As well as directing that players can't be fined more than 2 weeks' wages when they are fined, they also have guidance on what's required for players who are out of favour - though these are almost certainly restricted by specific contractual clauses.

 

As Winston Bogarde proved at Chelsea, if he turns up to training as directed (and Koeman was clear he was to train on his own at Staplewood), there's nothing much the club can do. I seem to recall there are some details about what the minimum and maximum required is, might have got that from The Secret Footballer.

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Excerpt from a sports law blog on the subject: http://lawtop20.blogspot.co.uk/2013/08/termination-of-contract-of-employment.html

 

"FIFA's regulations on the Status & Transfer of Players make it clear that the parties to a football contract must respect and observe such contract. Rule 13, in particular, identifies that parties must observe the maintenance of contractual stability. As FIFA’s Commentary of Article 13 states, “unilateral termination of a contract without just cause, especially during the so called protected period, is to be vehemently discouraged.”

 

However, the principle of respect for the contract of employment is not an absolute one. Article 14 allows for the unilateral termination of the contract with ‘just cause’, as long as there is a valid reason. There is no standard definition of ‘just cause’ and the application of such principle depends on the merits and the particular circumstances of each case. As the FIFA Commentary on the Regulations on the Status and Transfer of Players explains: “However, should the violation persist for a long time or should many violations be cumulated over a certain period of time, then it is most probable that the breach of contract has reached such a level that the party suffering the breach is entitled to terminate the contract unilaterally.”

 

Although in a non-football contract situation, the liable party may have to face, depending on the facts and the remedy sought, damages for breach of contract and/or specific remedies against them, in a football contract of employment, the party found to have breached such contract, may also have to face additional sporting sanctions, pursuant to Article 17 on the Status & Transfer of Players. Caution, therefore, must be exercised when one advises clients in relation to a possible termination of the contract of employment.

 

Finally, the various obligatory terms set out in the relevant Regulations, and referred to above, are fundamental to FIFA’s regulatory system and ability to control and have jurisdiction over the contractual stability of such system. The failure of the contracting parties to follow and apply such obligatory provisions and to comply with these fundamental requirements means that the agreement, which the parties signed, has been breached. Consequently, such situation would force advocates, acting for either party, to argue that such breaches may allow parties to escape their contractual responsibilities and such situation, therefore, would wholly undermine FIFA’s regulatory regime."

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Excerpt from a sports law blog on the subject: http://lawtop20.blogspot.co.uk/2013/08/termination-of-contract-of-employment.html

 

"FIFA's regulations on the Status & Transfer of Players make it clear that the parties to a football contract must respect and observe such contract. Rule 13, in particular, identifies that parties must observe the maintenance of contractual stability. As FIFA’s Commentary of Article 13 states, “unilateral termination of a contract without just cause, especially during the so called protected period, is to be vehemently discouraged.”

 

However, the principle of respect for the contract of employment is not an absolute one. Article 14 allows for the unilateral termination of the contract with ‘just cause’, as long as there is a valid reason. There is no standard definition of ‘just cause’ and the application of such principle depends on the merits and the particular circumstances of each case. As the FIFA Commentary on the Regulations on the Status and Transfer of Players explains: “However, should the violation persist for a long time or should many violations be cumulated over a certain period of time, then it is most probable that the breach of contract has reached such a level that the party suffering the breach is entitled to terminate the contract unilaterally.”

 

Although in a non-football contract situation, the liable party may have to face, depending on the facts and the remedy sought, damages for breach of contract and/or specific remedies against them, in a football contract of employment, the party found to have breached such contract, may also have to face additional sporting sanctions, pursuant to Article 17 on the Status & Transfer of Players. Caution, therefore, must be exercised when one advises clients in relation to a possible termination of the contract of employment.

 

Finally, the various obligatory terms set out in the relevant Regulations, and referred to above, are fundamental to FIFA’s regulatory system and ability to control and have jurisdiction over the contractual stability of such system. The failure of the contracting parties to follow and apply such obligatory provisions and to comply with these fundamental requirements means that the agreement, which the parties signed, has been breached. Consequently, such situation would force advocates, acting for either party, to argue that such breaches may allow parties to escape their contractual responsibilities and such situation, therefore, would wholly undermine FIFA’s regulatory regime."

 

Cool, terminate his contract and sue his arse for 5 mill, everybody wins.

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Can't believe people are considering this even, I did also think Pelle and osvaldo would be a good strike force but having thought it through it would also be a recipe for disaster like others have said osvaldo always has had a reputation for being a lose canon and disrupting the rest of a team, he already had several incidents under his belt when we signed him, get rid in my opinion even at a significant loss

 

Did you manage to find your camera?

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There's also a bunch of FIFPro FAQ questions here, though nothing much specifically on "what a player needs to do to meet contractual requirements".

 

http://www.fifpro.org/en/players/legal/frequently-asked-questions

 

There's also the Andy Webster case, where he cancelled his contract with Hearts basically after Hearts deliberately didn't play him in order to force him to sign a new contract. Two points of interest here, the first that there is a "protected contract period" of 3 years from signing - which Webster was outside, but it is believed that he wouldn't have been able to terminate within the first 3 years, which of course Osvaldo is within - so he's not able to cancel his contract unilaterally as Webster has, not that there's any suggestion he would.

 

The other point of interest is that (according to the legal document), "in the final weeks of June 2006, Hearts had rejected an offer of GBP 1.5 million from Southampton Football Club for the transfer of Andrew Webster, in the belief that Player’s market value was higher."

 

http://www.fifpro.org/attachments/article/5281/Webster%20CAS%20ENG.pdf

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Cool, terminate his contract and sue his arse for 5 mill, everybody wins.

 

The PFA specifically mentions they don't get involved in Player v Player situations, which is at least part of the issue here...

 

Not sure what passes for "just cause" but in most cases FIFA's need to preserve contracts is the main driver, so it really does have to be "just cause".

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I'm pretty sure that if I nutted a work colleague, that WOULD be deemed as 'just cause' and I would be sacked on the spot. If the company had paid an agency to hire me, as often happens, they could recover their fee from said agency who would likely claim it back from me, and would certainly blacklist me from their representation.

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I'm pretty sure that if I nutted a work colleague, that WOULD be deemed as 'just cause' and I would be sacked on the spot. If the company had paid an agency to hire me, as often happens, they could recover their fee from said agency who would likely claim it back from me, and would certainly blacklist me from their representation.

 

 

But ou didn't cost your employer 13 millions now did you. The cases aren't comparable, they could sack the player for misconduct but then they'd just wipe out his book value to the club UNLESS he has a contractual clause saying that he's responsable for X/Z iemes of his fee if he's a bad lad. No player would sign that and agents aren't ever responsable for anything at all. Mutu was a drug addict, it's completely different.

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is this new?

 

http://haber.stargazete.com/spor/osvaldo-icin-dev-adim/haber-913398

 

Pablo Osvaldo conditions for began to push. Yellow-red government, Southampton manager through contact with their 28-year-old striker Emmanuel Eboue in the first place and 4.5 million euros plus Dany Nounkeu were reported to have forwarded a proposal

 

Good grief. Hitting 'translate this page' does not help us, does it? I'm guessing at they want to give us Eboue (not a striker) and a Nonkeu in return for Osvaldo, and either we pay them 4.5M € or they pay it to us.

But I'm guessing.

Turkish to the main board please. Come in Turkish!

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Good grief. Hitting 'translate this page' does not help us, does it? I'm guessing at they want to give us Eboue (not a striker) and a Nonkeu in return for Osvaldo, and either we pay them 4.5M € or they pay it to us.

But I'm guessing.

Turkish to the main board please. Come in Turkish!

 

They'll offer us Eboue and Nonkeu + 4.5million euros. Last time I heard Nonkeu was on loan as Besiktas. We also have no need for Eboue.

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The club under employment law could have dismissed him following correct disciplinary proceedings for gross miss conduct but without knowing the full facts . I suspect it was a final written warning in order the club maintained his registration in order to recoup some of the outlay .

 

A normal employee would gave been sacked for that .

 

But then again footballers contracts are pretty complex matters .

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But ou didn't cost your employer 13 millions now did you. The cases aren't comparable, they could sack the player for misconduct but then they'd just wipe out his book value to the club UNLESS he has a contractual clause saying that he's responsable for X/Z iemes of his fee if he's a bad lad. No player would sign that and agents aren't ever responsable for anything at all. Mutu was a drug addict, it's completely different.

 

Of course they are. You can compare them and conclude that they're completely different. :D

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The club under employment law could have dismissed him following correct disciplinary proceedings for gross miss conduct but without knowing the full facts . I suspect it was a final written warning in order the club maintained his registration in order to recoup some of the outlay .

 

A normal employee would gave been sacked for that .

 

But then again footballers contracts are pretty complex matters .

 

more to do with hoping to get some value from a transfer - sack him and his registration is available, don't, and he is stuck with us as much as we are stick with him.

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Surprised this hasn't caused more questions. Disgraceful really.

 

 

What questions would those be then? He doesn't want to be here, the board don't mind him not being and probably aren't paying him at the full whack so who gives a toss really.

Just needs to be sorted out at the earliest possible and basta..end of.

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What questions would those be then? He doesn't want to be here, the board don't mind him not being and probably aren't paying him at the full whack so who gives a toss really.

Just needs to be sorted out at the earliest possible and basta..end of.

 

Questions probably wrong word. Just not been much made of it really when it's quite a big deal for someone to just refuse to even train. Especially a record signing.

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Under UK Employment Law a Footballers Contract is still a 'Contract of Employment.'The employee has recourse to Law under three headings:Unfair Dismissal,Constructive Dismissal and Wrongful Dismissal. The Employer has various remedies to support the dismissal of an Employee (legitimately) two of which are 'Breach of Contract' and 'Frustration of Contract' The employer also has at his/her disposal the right to discipline an employee with various remedies for improvement of performance.Summary Dismissal can only be implemented after all facts are taken into consideration.Suspension usually precedes dismissal so Osvaldo doesn't have any defence if he fails to turn up for work (training) without a substantive reason. I'm pretty sure Saints Legal Eagles are fully aware of the circumstances.

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