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Gingerpele

Whittaker not given international clearance...

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http://www.bbc.co.uk/sport/0/football/18771127

Not sure when/if this will be resolved, but I guess it means we can''t actually register him until it is.

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As the story says FIFA will grant temp clearance until the situation is resolved.

 

Basically as soon as legal action is started Green will run a mile as he has no leg to stand on - he is trying to scare English clubs off Rangers players. SFA haven''t given clearance as they can''t until the ''new'' Rangers know which League they''ll be in.

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There wont be an issue. Taking legal action is a huge waste of money.

 

All the players who have left were employed by a company that no longer exists.

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International Clearance?!!!!

He''s British isn''t he, what the flying duck does he need International Clearance for? Did Andy Murray need it to play at Wimbledon?

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Yes he''s British but as the UK FA''s are all treated as separate international bodies he needs international clearance.

AFC Wimbledon (I think it was them) got docked a serious amount of points because they didn''t get international clearance for a welsh player signing from a club in the welsh league.

As for this situation Green is taking a chance and he doesn''t have a leg to stand on as it''s an EU Law.

Davo

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Actually legally he is contracted to the Newco rangers, we will end up paying compensation probably equal p a transfer fee. Green bought the assets or the former rangers club and it''s standard in most employment contracts and almost all professional sportsmen and women that in the event of liquidation of a new co is formed then their contract 2p''s over.

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[quote user="Credible canary "]Actually legally he is contracted to the Newco rangers, we will end up paying compensation probably equal p a transfer fee. Green bought the assets or the former rangers club and it''s standard in most employment contracts and almost all professional sportsmen and women that in the event of liquidation of a new co is formed then their contract 2p''s over.[/quote]Incorrect. The players were given the option to decide whether they wanted their contracts to carry over, as the club they were contracted to no longer exists (ergo, contract = void). Whittaker (among others) opted out, so became a free agent, ready for us to sign.

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No they weren''t given the option, the club didn''t come forth and say look we are going to give you a choice, the agents/representatives of the players thought that they would get away with it if they refused, people keep saying that rangers don''t exist anymore but they stil legally do, if it''s been processed well by their administrators the. Currently the players contract will be held in trust rather than by the club itself.

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As I have made clear several times, the players are legally allowed to join new clubs. If you don''t believe me then read this:http://scotslawthoughts.wordpress.com/2012/07/03/green-well-fight-for-compensation-for-players-who-didnt-join-sevco-rangers-and-lose/The SFA should be wary, if they screw around then the courts will crash down on them like a ton of bricks, ala Bosman, ala Webster.

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[quote user="Credible canary "]Actually legally he is contracted to the Newco rangers, we will end up paying compensation probably equal p a transfer fee. Green bought the assets or the former rangers club and it''s standard in most employment contracts and almost all professional sportsmen and women that in the event of liquidation of a new co is formed then their contract 2p''s over.[/quote]Has Charles Green taken to creating accounts on message boards now? Under TUPE, employees have the right to object to being transferring to the new company.

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You are correct, however in scenarios in which a company can be found at a financial loss they can attempt to gain some compensation , that''s all green is trying to do, we will prob end up paying a token sum. I have no idea why the sfa haven''t granted Clearence for us to sign him however and for the fee to be agreed later.

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Not going to lose any sleep over this one.  If he signs, he signs, if he doesn''t, he doesn''t.  He is not a player who excites me and I think a 4 year contract for him is excessive.  If he does sign of course I will be fully behind him when he plays and hope that he does well and if he doesn''t then we have 4 years worth of contract to spend better elsewhere.

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[quote user="Credible canary "]You are correct, however in scenarios in which a company can be found at a financial loss they can attempt to gain some compensation , that''s all green is trying to do, we will prob end up paying a token sum. I have no idea why the sfa haven''t granted Clearence for us to sign him however and for the fee to be agreed later.[/quote]

Sorry but that is totally incorrect. Financial loss has nothing to do with it. The rules are very clear under TUPE, which is there to protect employees in situations like this. Green has completely misrepresented what the situation is and that is a view shared by all the leading sports and employment solicitors around over this matter. Hence why Norwich, Everton, Southampton, Coventry, FC Sion have all signed players because everyone is certain this is the position. I am backing their opinion over yours.

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PFA Scotland solicitor Margaret Gribbon of Bridge Litigation has written to all English Premier League and Championship clubs reassuring them.Ms Gribbon stated: “I have been furnished with a copy of Mr Green’s letter sent to English clubs in their top two divisions and consider that it amounts to an attempt to deliberately misrepresent my clients’ position. I have therefore today sent a detailed letter to the clubs setting out the facts and repeating our very firm legal view that Mr Green’s allegations of breach of contract are entirely without legal merit."My clients are free agents and I am pleased to note that several Premier League clubs have already made applications to the SFA for International Transfer Certificates indicating that they attach little weight to Mr Green’s assertion that Sevco is entitled to seek damages for breach of contract.“Furthermore it should also be noted that the SFA has confirmed that in the event of there being a dispute over registration the matter will be referred to FIFA.”

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Charles Green seems like he completely out for himself. He has now valued Rangers at £50 million despite all the uncertainty, the fact he bought the club for £6 million and that he claimed he isn''t in this for the money. Seems to me like he thought if he nipped in first and got the club going again he could make a tidy profit. Hanging on to the playing staff is obviously a key part of this masterplan which is why he is fighting the transfers even though he will not succeed.

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[quote user="Rootin FerHooten"]PFA Scotland solicitor Margaret Gribbon of Bridge Litigation has written to all English Premier League and Championship clubs reassuring them.

Ms Gribbon stated: “I have been furnished with a copy of Mr Green’s letter sent to English clubs in their top two divisions and consider that it amounts to an attempt to deliberately misrepresent my clients’ position. I have therefore today sent a detailed letter to the clubs setting out the facts and repeating our very firm legal view that Mr Green’s allegations of breach of contract are entirely without legal merit.

"My clients are free agents and I am pleased to note that several Premier League clubs have already made applications to the SFA for International Transfer Certificates indicating that they attach little weight to Mr Green’s assertion that Sevco is entitled to seek damages for breach of contract.

“Furthermore it should also be noted that the SFA has confirmed that in the event of there being a dispute over registration the matter will be referred to FIFA.”[/quote]

FIFA have stepped in now and sky say fifa will grant temporary registration,   what ever that means.

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[quote user="Jacko"][quote user="Credible canary "]You are correct, however in scenarios in which a company can be found at a financial loss they can attempt to gain some compensation , that''s all green is trying to do, we will prob end up paying a token sum. I have no idea why the sfa haven''t granted Clearence for us to sign him however and for the fee to be agreed later.[/quote] Sorry but that is totally incorrect. Financial loss has nothing to do with it. The rules are very clear under TUPE, which is there to protect employees in situations like this. Green has completely misrepresented what the situation is and that is a view shared by all the leading sports and employment solicitors around over this matter. Hence why Norwich, Everton, Southampton, Coventry, FC Sion have all signed players because everyone is certain this is the position. I am backing their opinion over yours.[/quote]

 

Jacko, that is not only my view as a corporate and employment lawyer but, as you can imagine, this situation is creating a lot of interest amongst employment lawyers generally.  I have discussed it with a number including an employment tribunal judge and not only is there consensus that Green is wrong and TUPE clearly applies but also,

 

I have not spoken to a single employment lawyer who even understands what Green''s arguments could be.   Green is either completely wrong or has spotted a loophole that no other lawyer I''ve spoken to can see.

As an additional comfort to those of a nervous disposition who can''t sleep for fear that Green is cleverer than all us lawyers.   The Rangers players would have a case for constructive dismissal in any event and could walk away.   Rangers promised the players SPL and European football.  That would be implied in every player contract given who Rangers were and what the players wanted.  Through misconduct, Rangers can no longer provide that.  It is in breach of a major implied term in the contract and that entitles the employee/player to terminate the contract and walk away.

 

After all, it was a breach of a term in his contract that entitled Lambert to terminate his contract and join Villa as a free agent so we have a very pertinent precedent right on our doorstep.

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[quote user="Credible canary "]You are correct, however in scenarios in which a company can be found at a financial loss they can attempt to gain some compensation , that''s all green is trying to do, we will prob end up paying a token sum. I have no idea why the sfa haven''t granted Clearence for us to sign him however and for the fee to be agreed later.[/quote]

If that was the case then the new Rangers Limited company would have to pay compensation to the old one as they are totally different legal entities. That will not happen as they are free agents as their contracts only applied to the old Rangers.

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The whole situation is ridiculous. An employee must surely be consulted if any change to his/her contract takes place. Whittaker has rejected the change meaning that his contract will not transfer to newco, but will be transfered to the Scottish FA temporarily until they know what to do with it. So the player is still under contract. This means that compensation will be required. The compensation will initially go to the Scottish FA and then be transfered over as an asset to the liquidated club / or newco depending on what was agreed behind closed doors.Whittaker is not contracted to Rangers / new or old. So he will be a Norwich player next season, we''re just talking compensation now. My only concern is that he had 4 years left. Compensation could be quite high.

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[quote user="Michael Starr"]The whole situation is ridiculous. An employee must surely be consulted if any change to his/her contract takes place. Whittaker has rejected the change meaning that his contract will not transfer to newco, but will be transfered to the Scottish FA temporarily until they know what to do with it. So the player is still under contract. This means that compensation will be required. The compensation will initially go to the Scottish FA and then be transfered over as an asset to the liquidated club / or newco depending on what was agreed behind closed doors.

Whittaker is not contracted to Rangers / new or old. So he will be a Norwich player next season, we''re just talking compensation now. My only concern is that he had 4 years left. Compensation could be quite high.
[/quote]

So Green will then have to pay compensation to the old Rangers company for the players that have agreed to move to the new Rangers company. 

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[quote user="Mervmeister"]Whittaker finally seals his move officially :)[/quote]Yesterday make chit chat with Whittaker here in Austria and he say me thAT all is ok with clearence!Still today on Morning training Whitttaker ,Bradly Jonson and Mark Tierney was not trained with others and I think they will not play today also not see Moro on this short training session...Now Im off to Gleisdorf for the game who not be izi coz Herhta much better prepared have lareaDY played  4-5 frendlys ...spirit was good on the ball city !!!!

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