Mariners squad HAL 10 ~ 2014/15

[dibo]

On YF they are saying they want it resolved .. they believed and it would appear from Paul McGlinchey his brother that he believed he had no contract and excepted an offer from the Nix who believed he was out of contract.

Seems to me FFA need to act quickly to solve this ... also I don't believe that weeMac tho he did not have a contract with us ...

Sounds to me like there *is* a contract, but it might be to an entity that no longer has a licence to compete in the A-League. We're probably about to see court action that will define how transfer of business provisions operate in relation to A-League clubs.

McGlinchey (or his representatives) will probably try to argue that as he's contracted to a body that no longer does the work that he used to do, he's been constructively dismissed, and is therefore free to go.

The club will obviously argue that the players simply moved across, and despite not yet having signed paperwork, McGlinchey still has a job to do and has not been dismissed, therefore he's required to report for training.

The fact that the new company asked players to sign new contracts despite already having valid contracts with the old company would suggest that management weren't confident that they'd be able to simply transfer the staff across, *or* there's already something (i.e. a precedent or other ruling) that tells them that player contracts aren't transferable.

 

[rbakersmith]

The PFA is siding with McGlinchey:

The Players Association overseeing the A-League has declared Michael McGlinchey on firm legal ground to sign for the Wellington Phoenix.

The All Whites midfielder's future is unclear, with the Central Coast Mariners expecting him to return there having completed a loan deal in Japan.

He trained with the Phoenix today, but no meaningful comment was forthcoming from the coaching staff or McGlinchey himself.

But Players Association boss Adam Vivian says their lawyers have told McGlinchey he is free to sign with the Wellington Phoenix.

Vivian says if that is challenged or they feel McGlinchey's rights as a worker are being inhibited, they will adamantly defend him.

http://www.radiosport.co.nz/news/sp...glinchey-awaits-resolution-on-contract-status

 

[Gratis]

just great

the most disappointing thing for me is McGlinchey is an all time Mariners hero and currently or best player - all ruined

 

[rbakersmith]

Frankly I'd be more surprised if the PFA didn't come out and publicly support a player.

 

[BrisRecky]

remember when contracts were worth the paper they were printed on ?.....I blame player managers, those clowns have f**ked up more teams worldwide than a sudden rash of ripped hamstrings

 

[shipwreck]

Sigh, goodbye Glinch.

Ok Mariners, over to you know, we the members and fans deserve a thorough and HONEST explanation.

Yours in waiting.

 

[MrCelery]

I can't think of a case where the PFA hasn't come out in support of the player, irrespective of the legalities. But that's their charter. Can't fault them for that.

It is very obvious to me that McGlinchey simply had no desire to come back to the Mariners. Maybe because Arnie was no longer there. Maybe he was homesick. Maybe he felt that with the Grand Final win he'd achieved all he could with the Mariners. Maybe he just wants more money. Possibly it's a combination of all these.

If it was simply an oversight or issue over the contract status with CCM, he should have got his agent to sort it out. Maybe he did, and when checking, his agent spotted the oversight and thought: "Wooot! Here's a great opportunity to find a better deal for my player!" Again, that is the agent's charter. All McGlinchey would have had to do in that scenario would be to tell his agent to sort out the paperwork with CCM, and he'd return to train with us.

So if it is true that there was a lapsed contract with McGlinchey as a result of any transfer of ownership, the fault lies squarely with CCM and the FFA.

I wouldn't be at all surprised if the club re-registered as another entity to avoid past debts. If seen that happen a number of times with football clubs. The question then becomes, does the new entity have a valid A-League licence? Or have we forgotten that too?

Sadly, no one is coming out of this smelling good.

 

[MrCelery]

I wish this shit would just stop though. North Sydney and Brookvale, alleged f**karounds with contracts, weirdness with kit suppliers, it's all a mess.

I'm going to sign for up my membership again, and my crew will too (and quite likely a bunch of us will be returning home to the coast to live!), but we want to see some stability.

I don't much care about winning, I care about my club. I want it to stand strong for years to come and know that my kids (whenever they arrive) will be able to join me in the stands while I tell them interminable stories about when we won the league with John Aloisi and when a crazy Dutchman and a serial pest won us our first championship.

 

[midfielder]

I can't think of a case where the PFA hasn't come out in support of the player, irrespective of the legalities. But that's their charter. Can't fault them for that.

It is very obvious to me that McGlinchey simply had no desire to come back to the Mariners. Maybe because Arnie was no longer there. Maybe he was homesick. Maybe he felt that with the Grand Final win he'd achieved all he could with the Mariners. Maybe he just wants more money. Possibly it's a combination of all these.

If it was simply an oversight or issue over the contract status with CCM, he should have got his agent to sort it out. Maybe he did, and when checking, his agent spotted the oversight and thought: "Wooot! Here's a great opportunity to find a better deal for my player!" Again, that is the agent's charter. All McGlinchey would have had to do in that scenario would be to tell his agent to sort out the paperwork with CCM, and he'd return to train with us.

So if it is true that there was a lapsed contract with McGlinchey as a result of any transfer of ownership, the fault lies squarely with CCM and the FFA.

I wouldn't be at all surprised if the club re-registered as another entity to avoid past debts. If seen that happen a number of times with football clubs. The question then becomes, does the new entity have a valid A-League licence? Or have we forgotten that too?

Sadly, no one is coming out of this smelling good.

I think you right ... also the Nix's may have offered more money ... what I find hard to accept and I guess I should not [given the world today] is he has used a legal lop hole and we have made decisions i.e let Flores go assuming he was returning ... it appears and maybe i am wrong but it appears he never contacted us to let us know and allowed the club to make decisions assuming he was returning... maybe the Mariners curse will take hold in no player has left us for another A-League club and been a better player ...

 

[sydmariner]

remember when contracts were worth the paper they were printed on ?

no i haven't bean alive that long

 

[nearlyyellow]

I'm no legal eagle, but most contracts I've seen or been involved in have a clause along the lines of "... and successors ..." So, *if* the FFA Mariners licence has been transferred to another company, if it is a "successor", then the players contracts should automatically follow to the new entity. And also there are normally tests such as "majority ownership" etc. which may come into play here.

And another thought, it is highly unlikely that FFA would allow a new successor company to take over the Mariners licence as a device to avoid paying existing debts. I think anyone doing this would find themselves in deep doodoo with the law as well as the FFA. An action such as that if undertaken would besmirch FFA and the whole A-League.

All imho

 

[style_cafe]

It`s not like we`re setting a precedent here.
Many other clubs have been bought & sold.
Surely the FFA oversee the sales & ensure that the contracts of the players are transferred to the new entity.

The thing that annoys me is that McGlinchy has been photographed at a training session with the NIX.
Where does that put his credibility?
A reasonable person should have had everything sorted before they went & shit on their mates,the Club & the fans that have supported them for years..

 

[nebakke]

just great

the most disappointing thing for me is McGlinchey is an all time Mariners hero and currently or best player - all ruined

Yeah, it's been a season for all that it seems... It's not so much that they've left, that's to be expected from time to time, it's more that it feels like Arnie and now McGlinchey, couldn't wait to screw us over first chance...

 

[nebakke]

And another thought, it is highly unlikely that FFA would allow a new successor company to take over the Mariners licence as a device to avoid paying existing debts. I think anyone doing this would find themselves in deep doodoo with the law as well as the FFA. An action such as that if undertaken would besmirch FFA and the whole A-League.

All imho

This was sort of my thought behind the post that eenfish was so scathing about... If it was that "easy" for a club to get out of a contract, surely we would see it as the last ditch attempt to save every struggling club, Fury, Knights etc. etc... I mean, irrespective of the respect for the club, there're always going to be Youth Leaguers who will want to play, even if the contract isn't worth the paper that it's written on... Noone'd ever go bankrupt!

It seems like a ridiculously dodgy way of writing contracts... One that I struggle seeing the PFA agreeing to as well... So my figuring is that something else must be going on.

 

[priorpeter]

Actual statement up on the Pfa website:

http://www.pfa.net.au/index.php?id=5&tx_ttnews[tt_news]=617&tx_ttnews[backPid]=4&cHash=660e2da399

MELBOURNE: Monday, June 7, 2014


Professional Footballers Australia (PFA) can confirm that Michael McGlinchey has sought the advice of the PFA regarding his contractual status following the end of his loan period with J-League club Vegalta Sendai, which followed changes to the ownership and license of the Central Coast Mariners.




Getty Images.

Through its lawyers, the PFA advised Michael that, after the loan period, he became a free agent and was therefore entitled to sign with the club of his choice

Michael has since signed with Wellington Phoenix and is, in the PFA’s view, permitted to train, play and partake in all activities with the A-League club in accordance with his contract.

Neither the PFA nor Michael has received any formal correspondence from the Central Coast Mariners contesting this position.

The PFA has today written to Football Federation Australia (FFA) seeking confirmation that Michael will be registered as a player of Wellington Phoenix in accordance with his rights under FFA regulations and as a professional footballer.

For Media Enquires contact PFA Media and Communications Manager Beau Busch on 0432 763 485 or via beau@pfa.net.au

 

[nearlyyellow]

Actual statement up on the Pfa website:

http://www.pfa.net.au/index.php?id=5&tx_ttnews[tt_news]=617&tx_ttnews[backPid]=4&cHash=660e2da399

More chaff to muddy the waters. Lawyers are almost as bad as economists, every protaganist will have differing advice.

Someone will be or even

This is not going to disappear easily or quickly, methinks

 

[tsd]

Sad end to the mariners career of one our all time best and personal favourite.

Thanks for the Championship and the Premiership weeman

 

[sydmariner]

Actual statement up on the Pfa website:

http://www.pfa.net.au/index.php?id=5&tx_ttnews[tt_news]=617&tx_ttnews[backPid]=4&cHash=660e2da399

 

[iEatHands]

f**king amateur hour...

 

[sydmariner]

f**king amateur hour...