yet another court case

[mouldymurphy]

Former Bohemians striker Alex Nesovic is to sue the Dubliners in the Labour court for unfair dismissal last summer.

The Englishman left Bohemians in July in rather controversial circumstances. He was said to have had a row with the club's then manager, Pete Mahon, during which he allegedly said that he no longer wanted to play for Bohs.

Afre rejoining the club in November, the move collapsed after he failed to withdraw the threat of legal action. A move to Dundalk lasted little over a month and he returned to England.

"The case was supposed to be heard in the Labour Court last month but, because of bad weather, Alex was unable to travel," PFAI secretary Fran Gavin told the Irish Sun's Neil O'Riordan.

"We are waiting for a second date but the case is going ahead as planned. We have gone to the Labour Court because we found that we weren't getting far when we tried to resolve problems with the clubs through the League's procedutres.

"It is not where we want to go, but we have been left with no choice," he added.

According to Bohemians, Nesovic ended his contract by stating his willingness never to play for them again, though secretary Gerry Cuffe admitted that the club was not sure of its position because they had not heard anything for several months.

He said: "We are ready to fight the claims if needs be. Alex told the manager that he did not want to play for the club any more so I can't see how we are in breach of contract."

Another case which may be pursued by the players' body is that of Dave Whittle, the Waterford United defender who was suspended by the club two weeks ago by manager Jimmy McGeough.

McGeough claimed that Whittle was a negative influence on the club and that other players had stated their unhappiness at his presence. A League tribunal was to be held today on the matter.

"David was captain and probably their best player," said Gavin, "and they suspended him without pay for two weeks - which is illegal - and we have pointed that out to them."

Kilkenny City could also be in trouble. Three of their former players - current Galway United goalkeeper Robbie Forde, Mike Kerley and Seán Murray - are accusing the Cats of a breach of contract.

All three players were brought to Buckley Park by former boss Pat Byrne, but his successor, Joe McGrath, let them all go within three weeks of taking over. The players' case is due to be heard by a Rights Commissioner next week.

Gavin added: "It was clear breach of contract. Joe McGrath was appointed in charge, they were told to find another club and they stopped playing them.

"The difference between the Labour Court and a Rights Commissioner is that a club don't have to attend a Rights Commissioner but if they don't, then we will pursue it through other channels.

"Clubs have acted and are acting with a certain amount of arrogance," he claimed. "We have had to send them copies of the Payment of Wages Act so they realise they cannot behave in the way they have been."

The PFAI became a member of Fifpro - the international players' union - last year and it has also linked up with trade union SIPTU - the largest of its type in the Republic.

Gavin became the association's first ever full-time officer in January and he believes the PFAI, which now has offices in Dublin's city centre, is going from strength to strength.

"This is the final piece of the jigsaw," he said with pride. "We've had a five-year development plan in place and it has now come to fruition. Affiliation with Fifpro and our amalgamation with SIPTU has accelerated our development as an organisation."

from www.eircomleague.net

[pete]

I'd say almost all the cases are due to clubs not having proper written contracts with players or proper procedure in place for disciplining players etc....

Maybe matters like this will get clubs organised so they don't walk into cases like this again.....