Employment Law and the Carlos Tevez Mutiny

By Ian Tranter @ Sep 29, 2011 in Employment Law
Ian Tranter

What are the consequences if Carlos Tevez is found guilty of failing to obey a reasonable instruction from his manager to take the field ? In the fog of precisely what was said between manager and player on the night, it is unlikely Tevez was confused as to what was required. His explanations appear inconsistent, and his decision to speak through an interpreter immediately after the game, somewhat defensive given that You Tube is full of his interviews from which it may be concluded that the likely instructions to "warm-up" or "get your kit on" would not have taxed his understanding of English.

If Tevez is found guilty what will City do ? They will probably at least fine him and not play him again before the January transfer window opens - a date both parties surely cannot wait to arrive. But for such an obviously gross and fundamental breach of contract City could terminate his contract without further notice. Such an approach would certainly underscore the manager's authority and reinforce team sprit among his colleagues, but the pragmatic option requires some form of exclusion from the field until he can be sold.

In addition, if Tevez is dismissed his agent will simply hawk his services elsewhere and give Tevez what he wants - a new club and a significant signing-on fee. However, FIFA officials are already postulating the idea of a total ban on any other club hiring Tevez were City to terminate his contract for this apparent act of gross misconduct and if that idea came to fruition quickly (which is unlikely), Tevez could find himself without a club to play for. Further, when any ban placed upon him expires, he may find City pursuing him for the transfer fee they expected to receive had there still been a market for him in January 2012. Tevez might want a word with Adrian Mutu...

See Ian talking about the implications of Tevez's actions on this evenings North West Tonight on the BBC.

Comments

#1 jason @ personal injury lawyer @ Oct 5, 2011

As both a City fan, and a football fan, it's a difficult one when it comes to what to do. The obvious is to get rid of him, and FAST! The wage bill will go down and that will help. But we could have got 40 million for him if the transfer window hadn't shut in Brazil, so can we afford to write that off (of course we can!) but is that the point. Tevez gets what he wants if sacked, but then do City sue? My heart says yes but my head? Don't know! My heart is in charge at the moment

#2 Ian Tranter @ Nov 17, 2011

This case is becoming increasingly complex in the light of the player now failing to turn up for training. My understanding is that Tevez would have to show he is ready, willing and able to play before considering whether Article 15 might be engaged and going AWOL will not improve his position. His latest action in taking unauthorised leave also makes him vulnerable to City perhaps terminating his contract but commercially that would seem to be unlikely. I suspect that for both camps, January cannot come soon enough.

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