Michael McGlinchey (Weston FC | Australia)

True ... but we have a very nice painting of Bluetounge do you want it for your boardroom... the price is !!!!!!!!

Also weeMac could ask for a contract buy out and we say yes the cost is !!!!! .... weeMac then has an adjustment to his current contract with the Nix's for say !!!!1

How did McGlinchey terminate his loan without permission from his parent club? 

We have already 'bought' out about 2 months of his remaining contract already.

Piney has said that transfer fees are not allowed in the league but compensation is allowed. What's the difference i don't know though.

CCM just want money obviously. Don't wanna pay McG, already got a loan fee for him and now want to double up. Sweet... nice FU to the player who served them well for 5 years

This is quite important. Transfer fees fall under the salary cap but does "Compensation"?

How did McGlinchey terminate his loan without permission from his parent club?  ... nothing to do with the Mariners he was due back on 1 Jan.

 We have already 'bought' out about 2 months of his remaining contract already.... HHHHHmmmm tis down to big cheese at the Nix and big cheese at the Mariners have a chat and agree a price ... if not the Mariners will put him on there transfer list and sell hos contract ... 

What you don't seem to accept he is contracted to the Mariners ... 

On the moral side sometimes raised ... consider this 6 months into a 3 year contract he asked special permission to follow Arnold to Japan with no transfer fee at that stage .. we agree and said you must come back for the last 6 months and we sell you or you play for us..weeMac then says ownership changed so I will not honour my contract because I believe [or someone told him] he was a free agent a

I keep saying if the Mariners contract was not honoured it would mean every time a club is sold it would be impossible to police ... 

OK, so McGlinchey was on loan to Vegalta Sendai and they would have been paying some or all of his wages (they effectively had a contract with CCM to do so for a set period of time). It's not clear whether they were paying McGlinchey directly or whether they were paying the Mariners (who were then paying McGlinchey).

So the loan agreement (contract between Vegalta Sendai and CCM) ends and there is "an agreed settlement". Vegalta Sendai are the ones paying someone some money here so they either paid McGlinchey the rest of his wages for the loan period (assuming they were paying him directly) or they paid CCM something. In either case McGlinchey is now free of his loan obligation and the money should be sorted so why the fuck don't CCM want him back playing until Jan 1?

Even if the contract situation is above board (as per the arbitrators decision) there is still something majorly suspect going on money-wise/salary-cap at CCM's end. If McGlinchey coming back early fucks up CCM's salary cap plans the why on earth did they agree to terminate the loan? There's no doubt that Vegalta Sendai are no longer in the picture and CCM consider McGlinchey their contracted player. As such, all monies due to him under his contract must fall on them and be counted under the salary cap.

So what the fuck is going on?

Think CCM are well under the cap. There was talk they were aiming for the lower limit of 85%.

I think they banked on the fact that Sendai were going to buy McGlinchey next season. But with Arnold getting the archer, they are in some financial difficulty and are looking for someone (ie. the phoenix) to pay them via compensation (rather than a transfer)

T

Its simple his contract with the Mariners is from 1 Jan ... 

Interesting from the SMH...BTW Dome is from the PFA who gave the advise in the first place... which if you sit down and think about his advise it is beyond silly ... 

It's not that simple Midfielder. Read the PFA release. It indicate that the FFA have no idea what entities there are, and who is contracted to who.

David Dome is the Wellington Phoenix CEO.

Actually Dome is our GM.

Snap

Who is currently paying him to play football?

Wellington Phoenix

Who is currently not paying him to play football?

Central Coast Mariners

Who wants him at the club to play football?

Wellington Phoenix

Who doesn't want him at the club to play football?

Central Coast Mariners

What club does McGlinchey want to play for?

Wellington Phoenix

What club doesn't McGlinchey want to play for?

Central Coast Mariners

....

Yet he is ruled to be a CCM player?

welcome to the jungle baby

You're contradicting yourself. Earlier you said "What you don't seem to accept he is contracted to the Mariners ...", which according to the arbitrator is correct. But you can't be partially contracted to a club. His loan agreement was between CCM and Vegalta Sendai. Surely there's no way the loan could have been terminated without CCM's consent. If his loan agreement has ended (which nobody seems to dispute) then he should be back playing at CCM. The date of Jan 1 was only relevant to the loan agreement between CCM and Vegalta Sendai, which has ended. 

But he's not back at CCM and they are saying they don't expect/want him back until Jan 1. Which sounds like there is still some major bullshit going on.

Mr T

You must be right, your legal knowledge and experience in Football matters is beyond reproach I bow to your esteem and known bias free and understanding comments... so I give in you are right.

Problem you have is the Mr Kite does not agree ... I understand your concern about how the procedures were rushed and you never got a chance to fully state your case... 

For your pleasure The Beatles - Being for the benefit of Mr Kite

https://www.youtube.com/watch?v=vCiG7xoEb2Y

Well aren't you on a high horse.

Hopefully more emerges in a public forum soon, including threats, players being asked to sign documents without guidance and serious...

— Scott McIntyre (@mcintinhos) August 21, 2014

...questions as to whether a club was unlicensed in both domestic and continental competitions. An utter, dragged out disgrace.

— Scott McIntyre (@mcintinhos) August 21, 2014

Just gonna leave this here.

Anyone who claims to understand what's going on here is either delusional or a liar. This is a clusterfuck of epic proportions

But it's simple, McGlinchey is a mariner.

If it was that simple how did three sets of lawyer (PFA's, McGlinchey's and Phoenix's) get it wrong.

Well if the PFA statements are to believe, it indicate that somewhere along the line some incorrect information was provided by the FFA to the relevant parties.

or it was correct at the time and they have since shifted the goalposts. 

I was taking the piss, clearly the FFA and/or CCM have dropped the ball badly at some point and are now in damage limitation mode

The fact the FFA's statement says nothing strengthens my believe this clusterfuck is their doing.

Absolute bollocks.  The REAL issue is whether the PFA should have listened to the FFA or not and offered the advice to WeeMac that they did.  Judging by the shenanigans that CCMFC have pulled with the reported repeated contract offers to their players I suggest that this is nowhere near as straight forward as you are purporting it to be.  Let's be honest - when push comes to shove you have absolutely fuck all additional details to what we are operating from..

Does being a knob end of a club extend to it's supporters too?

Does this now mean that CCM are using up one of their import spots on a player who possibly wont play for them?

... and pay him big $$$, too.

CCM would not have been paying anything while he was in Japan.  There is no reason they would agree to that.  So betw now and Jan 1 he's getting money from them - and would have been paid out when the loan ended.  CMM are saying he's due back on 1 Jan to play for them.  But who is he contracted to between now and then?  That's the big gaping hole in this whole thing

CCM are looking after their own interests, which they are entitled to do

WPX are looking after their own interest, which they are entitled to do

The PFA have defended their member.  Maybe their advice wasn't correct, but they're in their guy's corner

The FFA?  Um...there's your problem, absolute joke organisation when it comes down to it

FFA don't want to talk

in FM if you don't register a player for the upcoming a-league season then his contract is immediately terminated/paid out.
virtual brockie has meet this fate many times in my games managing the phoenix.

PFA RELEASES "LETTER OF VARIATION" TO STANDARD PLAYER CONTRACT FOR CENTRAL COAST MARINERS WHICH FFA REQUIRED PLAYERS TO SIGN OCTOBER 24 2013:

This is what Michael never signed but which stated CCM was under new ownership and that players had to sign a new contract "to confirm your acceptance of employment with the New Co on the terms set out above."

http://www.pfa.net.au/fileadmin/user_upload/_temp_...

24 October 2013

[Name of Player]

[Address]

By Hand

Dear [Name of Player]

Hyundai A-League Standard Player Contract

As you may be aware, Football Federation Australia Limited (ACN 106 478 068) (FFA) recently

approved the novation of the Club Participation Agreement between FFA and Central Coast Mariners

FC Pty Ltd (ACN 111 321 674) (the Old Co), to the company owned by Mike Charlesworth, CC

Mariners Pty Ltd (ACN 163 759 822) (the New Co). This change took effect on 18 October 2013.

This letter sets out the terms on which the New Co, which has been permitted by FFA to participate

in the Hyundai A-League as Central Coast Mariners FC (the Club), will employ you to play football

and the obligations imposed on you, FFA and the Club (the Agreement).

The form of this Agreement has been agreed by FFA and Professional Footballers Australia (PFA)

under the Collective Bargaining Agreement.

It is agreed as follows:

1. this Agreement commences on 18 October 2013 (the Commencement Date);

2. the New Co will employ you to play football for the Club the period from the

Commencement Date to [insert end date of employment in the Standard Player Contract]

(the Term);

3. the terms of the 2013/2014 Hyundai A-League Standard Player Contract (the SPC) as set

out in Annexure A to this Agreement will apply to your employment with the New Co during

the Term and bind you, the New Co and FFA from the Commencement Date;

4. you will be remunerated for the Term for the provision of your services during the Term on

the same basis as set out in your previous standard player contract with the Old Co dated

[insert date] (the Old Co SPC), including:

(a) the applicable gross weekly salary and superannuation amounts;

(b) any match payments earned in relation to matches during the Term; and

(c) any amounts payable in relation to the provision of your services during the Term

under Special Conditions;

5. the New Co will pay, or provide by 30 November 2013, to you any outstanding

remuneration or entitlements arising from your employment with the Old Co;

6. you and the New Co agree to immediately notify the Department of Immigration and

Citizenship of this Agreement to ensure satisfaction of the employer nomination criteria

required by your Sport Visa (sub-class 421). [applicable to foreign players only]; and

7. FFA guarantees the performance of the Club of its obligations to you under this

Agreement.

If you agree to the terms specified in this letter, please sign and date this letter and return the original

to the Club to confirm your acceptance of employment with the New Co on the terms set out above.

Once signed by FFA, a copy will be sent to you for record keeping purposes.

Yours faithfully

…………………………………………… …………………………………………….

Authorised Representative Head of A-League

CC Mariners Pty Ltd (ACN 163 759 822) Football Federation Australia Limited

Date…………………..

I agree to the terms as specified in this Contract on …………………..2013.

………………………………………….

Name of Player

………………………………………….

Signature of Player

__________________________________________________________________________________________________________________

PFA EXPLANATION:

In a statement, PFA CEO Adam Vivian said: "The PFA stands by the advice given to Michael, which was based on information given in October 2013 by Football Federation Australia (FFA) that due to a change in ownership, the A-League licence of the Mariners would be transferred to a new company controlled by owner Mike Charlesworth.

"Under an agreement reached between FFA and the PFA, all Mariners’ players were to be offered employment with the new company, and the previous Mariners’ entity would cease to operate the A-League licence.

"As a result, almost the entire Mariners squad has signed agreements with the new entity.

"As Michael was contracted to the previous entity, he was free to pursue his professional interests as an uncontracted player and sign a contract with a club of his choice.

"However, it only recently emerged that the entity licensed to operate the Mariners had not changed, but will do so in the near future. The reason for the failure to transfer the licence has not been satisfactorily explained to the PFA."

The PFA CEO went on to say: "The PFA is greatly concerned by the situation at the Mariners, which unnecessarily raises concerns about the sanctity of the A-League licensing system administered by FFA.

"All A-League players are entitled to know that the club which employs them is duly licensed by FFA. If not, the ability of the game to regulate itself and uphold player contracts is brought into question.

"Players have previously lost over $2.5 million in entitlements where a new entity refused to pick up player contracts on the transfer of an A-League licence. The irony of Michael’s position in light of this is not lost on the PFA and our membership..."