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Statements from the PFAI and Mr Gary Dunphy following the decision of the FAI DRC - Mr Gary Dunphy v Waterford United Football Club
From the PFAI:
We represent Mr Gary Dunphy who has been employed as a player by Waterford United for 5 years up until the conclusion on the 2012 season. He began to experience significant difficulties in his hip area over the course of 2012 season and in June of last year, his hip gave way resulting in a referral by the club doctor to Mr Patrick Carton in the Whitfield Clinic, who is an acknowledged expert in this area. Mr Carton immediately recommended arthroscopic surgery to both hips in order to provide Gary with his only chance to return to playing football. This was communicated to Waterford United and they were asked to promptly arrange for such treatment and be responsible for the fees in accordance with their obligations under Clauses 16 and 19 of the Standard Players Contract. They failed to do this and indeed have not provided any funding towards the players treatment. He was provided with injective therapy through the public health system which has not been successful and Mr Carton has recently stated his disappointment that the surgery was not provided when first suggested as he feels he could be back playing by now, had the surgery been carried out when first advised.
The PFAI attempted to communicate with Waterford United up until late last year but it became clear that they did not intend to uphold their obligations and in fact refused to engage with the issue in any meaningful way. As his contract was not renewed at the end of the 2012 season, the player was forced to use the FAI's dispute resolution process to reach a satisfactory conclusion. This has resulted in a ruling that Waterford United will have to be responsible for the cost of the player's operations.
It is deeply regrettable that it was necessary to enter such a lengthy and costly process. It has been clear from the outset that the club were obliged to pay for treatment and their refusal to do so is hugely disappointing. We are aware that the vast majority of clubs are conscious of and compliant with their obligations in respect of medical treatment and we hope that such a dispute does not arise again in the future. However, clubs should be aware that the PFAI will continue to support its players in such circumstances and will vindicate their rights should it be necessary.
From Mr Gary Dunphy:
I'm very relieved that this saga is finally over. I'd been committed to Waterford United for over five years and had given my all for the club. As most people are aware, wages in the League of Ireland, and particularly the first division, are very low but I was delighted to play for my hometown club, no matter what the pay. It was a real surprise and massive disappointment to me that they failed to do anything to assist me when I got injured and I felt like I was hung out to dry because I was no use to them anymore. I've haven't heard a thing from the club since last September. Now, I'm looking forward to getting the operations done as soon as possible and getting back to playing football which is all I've ever wanted to do. I'd like to express my appreciation for assistance of the PFAI, particularly Ollie Cahill, Stephen McGuinness and their solicitor, Stuart Gilhooly.
They seem to be right for a change here, albeit we have heard nothing from the other side of the story.
