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Fev's Contract

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The Heatley Stand

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Carlton
As I understand it, Fev has a contract to play with Carlton. Josh Kennedy had one as well and I remember that in order for us to get Juddy, he had to agree not to enforce his contract. In other words, he had to agree to go to the WCE. He did so reluctantly in the end.

Does not Fev have to agree to any trade which is proposed given that he has a contract with Carlton? Carlton can't simply say, for example, you're off to Freo. Fev can say "thanks but no thanks, I'm staying here and you have to abide by the agreement you made with me and that was to play for Carlton". I'm unaware that Fev has breached any terms of his contact which could result in Carlton terminating the contract.

If all this is right, Fev holds all the cards. He can say I'm staying or he can say, I'm going to whichever team I want.

Any thoughts?
 
The Heatley Stand said:
I'm unaware that Fev has breached any terms of his contact which could result in Carlton terminating the contract.
Click to expand...

The problem being all but a few seem aware of the terms of the contract, and just how far the possible breaches go. I know the talk was the last contract had no restrictions in place, but I find this kind of hard to believe. Even the most basic employment contracts have clauses for inappropriate beahviour.
 
While the contract is intact, BOTH player and club need to agree on the move. With JK, he could have said NO, and stayed at Carlton as per his contract. But staying at a Club that wanted him traded for Judd made that untenable. Same situation with Fev. Both the Club and Fev need to agree on a move. Fev could say no, and stay. And the Club could do the same. But in this case both sides want to move, so it shouldn't be a problem. There could be some bickering over the destination though. Would Fev agree to go to Sydney? Blues don't want to deal with Collingwood for ethical reasons even though Fev nominated them. Everything hinges on how true the "nasty rumours that no one can mention but still like repeating" are. :)
 

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The Heatley Stand said:
As I understand it, Fev has a contract to play with Carlton. Josh Kennedy had one as well and I remember that in order for us to get Juddy, he had to agree not to enforce his contract. In other words, he had to agree to go to the WCE. He did so reluctantly in the end.

Does not Fev have to agree to any trade which is proposed given that he has a contract with Carlton? Carlton can't simply say, for example, you're off to Freo. Fev can say "thanks but no thanks, I'm staying here and you have to abide by the agreement you made with me and that was to play for Carlton". I'm unaware that Fev has breached any terms of his contact which could result in Carlton terminating the contract.

If all this is right, Fev holds all the cards. He can say I'm staying or he can say, I'm going to whichever team I want.

Any thoughts?
Click to expand...

Yeah I have a thought, here it is:

http://www.bigfooty.com/forum/showthread.php?t=640274&page=5

Check out post #62!
 
Kramer1 said:
The problem being all but a few seem aware of the terms of the contract, and just how far the possible breaches go. I know the talk was the last contract had no restrictions in place, but I find this kind of hard to believe. Even the most basic employment contracts have clauses for inappropriate beahviour.
Click to expand...
Player managers refuse to sign these restrictive contracts as it can give clubs an out, EX if a player losses career form the club could pick the contract with a fine tooth comb
 
Code of conduct

2.1 Behaviour
AFL Players aspire to the highest standards of sportsmanship and professional
conduct.
AFL Players must conduct themselves in a manner so as not to bring Australian
Rules football, the AFL, AFL Clubs and other AFL Players into disrepute.
This clause applies to a Player’s behaviour which:
(i) occurs during the course of any match, training session, Club or AFL
function, promotional appearance, camp or tour, including travelling to
and from such employment related commitments; or
(ii) involves public comment or comments made to the media; or
(iii) involves criminal conduct which directly impacts in a material way upon
the Player’s ability to perform his duties as an Australian Rules footballer
or impacts upon the reputation of the AFL or the AFL Club in any way; or
(iv) involves conduct deemed by his AFL Club and the Club’s Leadership
Group (or senior players of the Club if no such group exists) in
accordance with clause 5 of this Code to be have brought the AFL and/or
his AFL Club into disrepute.
The Players understand the obligations upon them as expressly stated in this
clause 2.1, however, the AFL and AFL Clubs also recognise that Players may be
subject to significantly greater intrusion into their private lives than the average
person. This notion should be respected when assessing a Player’s conduct and
the circumstances surrounding any potential breach of the Code.
----------------------------
5.3 Wilful Misconduct/Misconduct Directly Causing Pecuniary Loss
Where a breach of this Code:
(a) involves wilful misconduct that would constitute grounds for summary
termination of the Player’s contract; and/or
(b) results in the Player’s AFL Club suffering significant pecuniary loss which
is directly attributable to the specific conduct in breach of the Code
G:\word\Players Code of Conduct\Code of Conduct\Code of Conduct - 08.doc 8
The AFL Club shall be entitled to impose a monetary forfeiture which exceeds the
maximum amounts set out in Clause 5.2(c) above, provided that the amount of
the forfeiture does not exceed;
(c) the amount of pecuniary loss suffered by the Club; or
(d) 15% of the Player’s base playing salary in the relevant year (whichever
the lesser
----------------------------------

That refers to wilful misconduct. I have seen a copy of the standard playing contract before but buggered if I can find it now to find out what constitutes for summary termination. Keep looking I guess.
 
Surely ODN with the code of conduct you listed we would almost be better off sacking him...
Bugger paying part of his contract to someone else for a 4th round pick...Sack him and let him go to into the PSD
 
Just reading the Collective Bargaining Agreement again, it says that a club can not terminate a player for a breach of the code where they have already issued a fine. That does not bode well for the Blues.

I wonder if there is any criminal issues, whether or not charges are laid, that the club could say the fine was for certain behaviours but those criminal behaviours (if true) were not known to them.

It's a bit of a minefield.
 

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Id need to look at the contract before I gave any advice as to what remedies are available to the parties.

Generally speaking however, If Fevola has breached an essential (or intermediate) term of the contract it could be possible to terminate the contract and thus not have to pay him out.

Again, the actual contract itself will tell us what our likley remedies could be.

There must be some sort of provisions contained in an AFL players contract that mention termination for serious breach.
 
Malifice said:
Id need to look at the contract before I gave any advice as to what remedies are available to the parties.

Generally speaking however, If Fevola has breached an essential (or intermediate) term of the contract it could be possible to terminate the contract and thus not have to pay him out.

Again, the actual contract itself will tell us what our likley remedies could be.

There must be some sort of provisions contained in an AFL players contract that mention termination for serious breach.
Click to expand...

Malifice

With Fev's contract don't forget it's underpinned by the Player's Collective Agreement and where Fev's contract is silent, or where Fev's contract does not contradict the collective agreement to Fev's advantage, the Collective Agreement will apply.

What's more, if there's general silence on termination (I'd be EXTRAORDINARILY surprised), then Carlton could state that Fev has breached the implied duty of trust and confidence in the employment relationship, however at this point it's getting pretty messy and you'd have a lawyer's picnic.

Generally, I think if Fev was terminated under his fixed term contract, it'd become messy and Carlton may well be left open to legal action.

However, need to see the terms

Anyway there's enough lawyers on the CFC Board (including at least one silk), so I'm sure they know what they're doing :eek:
 
The Exorcist said:
With Fev's contract don't forget it's underpinned by the Player's Collective Agreement and where Fev's contract is silent, or where Fev's contract does not contradict the collective agreement to Fev's advantage, the Collective Agreement will apply.
Click to expand...

Thanks. I wondered how the two tie in. Employment law isnt my bag.

What's more, if there's general silence on termination (I'd be EXTRAORDINARILY surprised), then Carlton could state that Fev has breached the implied duty of trust and confidence in the employment relationship, however at this point it's getting pretty messy and you'd have a lawyer's picnic.
Click to expand...

Exactly. Surely there are provisions for termination in the executed contract. Implied duty of trust may get it done (depending on what he's in fact done). Possibly some other implied condition should there be nothing expressly provided for.

Generally, I think if Fev was terminated under his fixed term contract, it'd become messy and Carlton may well be left open to legal action.
Click to expand...

Absolutley. Hope Fev can afford the legal fees if he loses. SC's dont come cheap. More likley a settlement would be obtained.

However, need to see the terms
Click to expand...

Spot on.
 

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