I wish I was more of a legal brain when it comes to people like this slacker. Unfortunately, I'm not ..................but surely, we can find a way to dump him. To turn up with headphones surely must be worth one warning. Two more and we can boot him for good. Why is it that such players can override general laws that you and I, in a general workplace, have to abide to?
The club needs to take advice from a good Employment lawyer. It's like the Joey Barton issue. If he commits an act of gross misconduct, the club can sack him without any notice payment or the wages due for the remainder of the contract. The most basic form of gross misconduct is a refusal to obey a lawful and reasonable instruction. It very much sounds like that to me. Underlying every contract of employment, there is an implied term that neither side will do anything that is calculated or likely to destroy the relationship of trust and confidence. that pretty much means what it says on the tin. Do we trust him? Does Harry? Do his colleagues? The answer I am sure is pretty obviously 'NO' in which case we can dismiss him again on the same legal basis. In either case he has effectively destroyed the working relationship and made it impossible for us to continue to employ him.
So we pay the wages of a non-managing manager and a non-playing player. I really need to change careers.
Apparently he trains on his own refusing to have anything to do with the rest of the players. In a team game that should be gross misconduct. Just fine him two weeks wages every week, he'd soon work it out for himself...
It is gross mis-conduct, get him sacked. I do like the idea of fining him two weeks' wages every week, that way we can recover some of what we've paid out to the tosser!
Absolutely, every dissent or act of defiance should be given an automatic two weeks fine, he'd be gone in a shot!...
I'd love one of the newspapers to put his absence down as below: Traore (Hamstring) Johnson (Cruciate) Zamora (Knee) Botswinga (Tosser)
This cuts both ways. Under standard employment law a player could give a month's notice and go and get another job (i.e. sign for another club) without compensation. The bizarre blackhole of employment law that is football also frequently goes in favour of the clubs, so no one is particularly interested in blowing it all up and applying normal law. Winston Bogarde Mark II?
He signed a contract as a player and refused to even contemplating playing, so has he not borken his contract and the club should just sack him, he has broken the human rights act by do so.
Footballers are normally employed under a fixed term contract. That does not normally give a right to terminate on notice. A lazy footballer content to draw his wages can sit tight and train with the kids for the duration of his contract. He cannot however give notice unless the employer was foolish enough to give him that right when the contract was drawn up. Winston Bogarde was just useless therefore didn't get picked and had no professional pride to demand a transfer. However he did not give Chelsea any justifable reason to sack him. Bosingwa has.
Why aren't footballers subject to rules everyone else has to follow so we could sack him for gross misconduct. A complete waste of space but seems that he is quite willing to do nothing except pick up his pay each week. An absolute disgrace. I think the best we can hope for is to loan him off somewhere and pay some of his wages as I doubt that this low life will take a pay cut in return for playing.
I'd just shoot the useless tosser and have done with it, but apparently you cant just shoot the hired help these days, something to do with their human right's and good old Mr Blairs employment laws more's the pity !!!!!!!
Interesting if he's referring to Bosingwa - @HoganEphraim: I'm never one to comment on stuff that's written in the papers, but I've seen articles in the mirror and daily mail about a teammate today.. Which are wrong and and painting a different picture to reality. I know papers have to write stuff to sell, but telling lies about someone.. Is something they shouldn't resort to...Just thought I'd say the truth because those stories are trying to hang a teammate out to dry.