By Alli Peacock
Manchester City striker Carlos Tevez looks set to return from his self-imposed exile after apologising to the club for his conduct in recent months.
Tevez has not played for Manchester United since September 2011 after falling out with City boss Roberto Mancini following his refusal to warm-up during a UEFA Champions League defeat at Bayern Munich. After the bust-up, Tevez returned home for 3 months and tried to transfer to several competing clubs; AC Milan, Inter Milan and Paris Saint-Germain. After unsuccessful attempts to change clubs, Tevez returned to England to rekindle his relationship with Manchester United. However, according to Mancini, he would only consider the player for selection again after a formal apology was submitted. Tevez has also withdrawn his appeal against City’s fine of six weeks wages for gross misconduct, which was due to be heard by the Premier League in the coming days.
Legal Issues:
1. Former contract with Manchester United
As Tevez was attempting to join competing clubs of Manchester United, there may be a possible infringement of contractual obligations relating to conflict of interest or an anti-competition restriction within his Manchester United contract. Subject to the terms of his contract, there may be an express provision stating that Tevez must not convert to any competing clubs 3 – 6 months after suspension from Manchester United. If Tevez were to be accepted by any of these clubs, there may have been a potential claim from Manchester United for infringement of contractual obligations.
2. New contract with Manchester United
If Tevez is formerly appointed back into the club, it is likely his contract provisions will be slightly more stringent due to his past misconduct, thus forcing him to sign a declaration stating that he will conform to all the provisions and policies of the player’s contract, and maybe additional provisions. Once again, agreeing to abide by these terms, Tevez must not engage in further ‘gross misconduct’ in order to maintain a positive image for the club.
3. Withdrawal of Appeal
Due to his withdrawal of appeal, Tevez has accepted his misconduct and decided to move on with his football career. This may attract positive publicity as it shows that Tevez is attempting to rebuild his relationship with the City and put the case behind him. In all these cases, they are time consuming and reflect negatively on the football club; therefore, this can be seen as a good outcome for both City and Tevez.
This blog is for discussion purposes only. This must not be considered legal advice.
For legal advice on this topic and references to any information in this article, please contact
Matt Burgess, Director:
Phone: +61 405 722 739
matt*bselaw.com.au
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