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Any legal experts out there?
Comments (12)
Can Everton terminate Andy van der Meyde's employment due to breach of contract after suitable warnings? If not, why not?
Ray Robinson, Posted 19/08/2007 at 19:29:27
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Jon Randles
2 Posted 19/08/2007 at 22:41:21
2 Posted 19/08/2007 at 22:41:21
a footballer is just like any other employee of a business they all work on the three strikes and you are out rule, so asuming that everton football club has followed standard employment law then YES is the answer they can terminate his employment with the club
Steve Ferns
3 Posted 19/08/2007 at 23:18:45
3 Posted 19/08/2007 at 23:18:45
Jon is basically right. If Everton have complied with statutory warnings (informal, then formal and in writing) then he can be sacked for misconduct.
There are two problems which are
1) Imagine Van worked with you, would he really be sacked for scarping a few days off on the sick? Probably not. Employment law does not not vary from job to job, therefore the most important thing is this - what does it say in his contract? I think Moyes was right to sign him at the time. But we all knew it was a gamble. The question is did the lawyers get a clause in the contract about training and alcohol? If not it will be costly to fend off a lawsuit for unfair or constructive dismissal.
2) Van is a very wealthy man. He could employ the best solicitors out there. Everton would do the same. And then it would take a long time and cost alot of money to reach a settlement.
Point 2 is why you never see many footballers sacked and why they will always keep things quiet in an effort to afford the player onto some other poor suckers.
I expect that one of two things will now happen:
1. Van agrees to have his contract terminated (with severance pay - probably about half of the contract)
2. He gets one more chance and is told to prove himself in the reserves or leave for free in the summer. And then he knuckles down before a relapse around christmas and then point 1 happens.
There are two problems which are
1) Imagine Van worked with you, would he really be sacked for scarping a few days off on the sick? Probably not. Employment law does not not vary from job to job, therefore the most important thing is this - what does it say in his contract? I think Moyes was right to sign him at the time. But we all knew it was a gamble. The question is did the lawyers get a clause in the contract about training and alcohol? If not it will be costly to fend off a lawsuit for unfair or constructive dismissal.
2) Van is a very wealthy man. He could employ the best solicitors out there. Everton would do the same. And then it would take a long time and cost alot of money to reach a settlement.
Point 2 is why you never see many footballers sacked and why they will always keep things quiet in an effort to afford the player onto some other poor suckers.
I expect that one of two things will now happen:
1. Van agrees to have his contract terminated (with severance pay - probably about half of the contract)
2. He gets one more chance and is told to prove himself in the reserves or leave for free in the summer. And then he knuckles down before a relapse around christmas and then point 1 happens.
Steve Ferns
4 Posted 19/08/2007 at 23:31:35
4 Posted 19/08/2007 at 23:31:35
Jon is basically right. If Everton have complied with statutory warnings (informal, then formal and in writing) then he can be sacked for misconduct.
There are two problems which are
1) Imagine Van worked with you, would he really be sacked for scraping a few days off on the sick? Probably not. Employment law does not not vary from job to job, therefore the most important thing is this - what does it say in his contract? I think Moyes was right to sign him at the time. But we all knew it was a gamble. The question is did the lawyers get a clause in the contract about training and alcohol? If not it will be costly to fend off a lawsuit for unfair or constructive dismissal.
2) Van is a very wealthy man. He could employ the best solicitors out there. Everton would do the same. And then it would take a long time and cost alot of money to reach a settlement.
Point 2 is why you never see many footballers sacked and why they will always keep things quiet in an effort to offload the player onto some other poor suckers.
I expect that one of two things will now happen:
1. Van agrees to have his contract terminated (with severance pay - probably about half of the contract)
2. He gets one more chance and is told to prove himself in the reserves or leave for free in the summer. And then he knuckles down before a relapse around christmas and then point 1 happens.
There are two problems which are
1) Imagine Van worked with you, would he really be sacked for scraping a few days off on the sick? Probably not. Employment law does not not vary from job to job, therefore the most important thing is this - what does it say in his contract? I think Moyes was right to sign him at the time. But we all knew it was a gamble. The question is did the lawyers get a clause in the contract about training and alcohol? If not it will be costly to fend off a lawsuit for unfair or constructive dismissal.
2) Van is a very wealthy man. He could employ the best solicitors out there. Everton would do the same. And then it would take a long time and cost alot of money to reach a settlement.
Point 2 is why you never see many footballers sacked and why they will always keep things quiet in an effort to offload the player onto some other poor suckers.
I expect that one of two things will now happen:
1. Van agrees to have his contract terminated (with severance pay - probably about half of the contract)
2. He gets one more chance and is told to prove himself in the reserves or leave for free in the summer. And then he knuckles down before a relapse around christmas and then point 1 happens.
John Murphy
5 Posted 19/08/2007 at 23:47:11
5 Posted 19/08/2007 at 23:47:11
Let’s give AVDM a break. At first I though yes this is his final chance blown now and he has got to go, but after learning that he missed training because of his sick daughter, I have started to feel sorry for the guy. If you were in his position and your child was sick and you needed to go into the hospital as something had happend, would you think oo i must phone work first. NO you wouldn’t. This summer must have been awful for him. Thats why he missed the tour of America because of his daughter. If he stays, lets all get right behind him. Andy I hope your daughter gets well soon.
Jason Hagarthy
6 Posted 20/08/2007 at 00:34:39
6 Posted 20/08/2007 at 00:34:39
Due to the background, AvdM must know he is on thin ice and therefore I feel sure would have called in if the reason was genuine. Re the cost of legal action, I belive he has around one year left and on 20 plus grand a week that is over 1 million, so best to sack the shirker I’d imagine. Does the guy have no morals?
Connor Rohrer
7 Posted 20/08/2007 at 00:38:46
7 Posted 20/08/2007 at 00:38:46
I really feel sorry for the lad. Why would the club suspend and fine someone for checking up on his sick daughter? If that was me and I got fined I would want to leave the club.
Obviously he could have told Moyes, Irvine or even Kenwright but family comes first as far as im concerned.
I see his is begging for forgiveness. I would keep him because he will come in handy when we are short on numbers.
Obviously he could have told Moyes, Irvine or even Kenwright but family comes first as far as im concerned.
I see his is begging for forgiveness. I would keep him because he will come in handy when we are short on numbers.
Roy coyne
8 Posted 20/08/2007 at 00:39:26
8 Posted 20/08/2007 at 00:39:26
IF that is the reason for going missing then I cant see Everton taking any action but surely we would have sorted this out quietly in house if that was the case
Mark Stone
9 Posted 20/08/2007 at 01:31:23
9 Posted 20/08/2007 at 01:31:23
It’d be better to just let him rot in the reserves, or at least send him out on loan to Chester City or something (if they have him :-))!
Steve Hopkins
10 Posted 20/08/2007 at 09:50:13
10 Posted 20/08/2007 at 09:50:13
I was really hoping to see a fairytale ending to this story (like him coming on as a sub in a game like the reading one and completely turning the game and then starting every match, scoring 10 goals and setting up 15) but sadly it seems to be turning into a nightmare for all concerned! Ho hum
Any ideas where he’d come on this list of the 50 worst transfers, we’ve already got the top spot with Kroldrup!!
Any ideas where he’d come on this list of the 50 worst transfers, we’ve already got the top spot with Kroldrup!!
Steve Hopkins
11 Posted 20/08/2007 at 10:24:29
11 Posted 20/08/2007 at 10:24:29
I was really hoping to see a fairytale ending to this story (like him coming on as a sub in a game like the reading one and completely turning the game and then starting every match, scoring 10 goals and setting up 15) but sadly it seems to be turning into a nightmare for all concerned! Ho hum
Any ideas where he?d come on this list of the 50 worst transfers, we?ve already got the top spot with Kroldrup!!
http://www.timesonline.co.uk/tol/sport/football/article2096584.ece
Any ideas where he?d come on this list of the 50 worst transfers, we?ve already got the top spot with Kroldrup!!
http://www.timesonline.co.uk/tol/sport/football/article2096584.ece
Andy
12 Posted 20/08/2007 at 10:43:23
12 Posted 20/08/2007 at 10:43:23
I really hoped AvdM would eventually come good but with the signings of Fernandes & Pienaar plus an improved Osman let’s fuck him off.
Whilst his signing hasn’t worked out for either club or player I don’t think it can rank as highly as other ’worst transfers’.
I can’t believe Kroldrup is the worst on the times signings poll - alright we didn’t play him but we sold him quickly and only made a £1.5m loss whereas the likes of Balaban, Marcelino, Rebrov & probably Luque cost a shit load, were paid far more, sat in the reserves for 3/4 seasons and left the clubs for nothing surely this represents worse deals than Kroldrup
Whilst his signing hasn’t worked out for either club or player I don’t think it can rank as highly as other ’worst transfers’.
I can’t believe Kroldrup is the worst on the times signings poll - alright we didn’t play him but we sold him quickly and only made a £1.5m loss whereas the likes of Balaban, Marcelino, Rebrov & probably Luque cost a shit load, were paid far more, sat in the reserves for 3/4 seasons and left the clubs for nothing surely this represents worse deals than Kroldrup
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1 Posted 19/08/2007 at 22:04:44