Michael McGlinchey (Weston FC | Australia)

Wee Mac commits under Arnold

But did he sign and when Arnold left so did he. 

Was that under old CCM ownership?

Also did FFA release that early as well ?

Some one has manually traced back for this as I tried searching the ownership change - no search function found for A-League mobile site 

Maybe he has a clause that he will only play while Graham Arnold is there considering the respect / man love shown in the various press releases?

There's all sorts of stuff we don't know. There could be all sorts of clauses in the original contract, why else was he allowed to go out on loan in the middle of the season? We don't know the real reason behind why they all needed to sign new contracts nor whether the new contracts were essentially identical to the original. We don't even know whether he was even asked to sign a new contract or forgotten about for months.

This is the Interweb. Someone knows everything.

Ownership change confirmed

Check dates

Loved this ... hhhmmmm ... I gotta agree with MC on this statement...

McGlinchey being interviewed by TV NZ: "Being from Scotland, I love the summer here and feel right at home. It's my favourite day of the year."

Far out only about 6 weeks after Wee Mac signed his extension. He first signed a two year deal in 09-10 so must have had a new contract or extension in 11-12. Probably a new contract seeing as you would expect him to be on more money than his original deal.

Does whoever just changed the thread title know something we don't, or is that just a reflection of the ongoing saga?

Well he is here training with the team, doesn't have a contract, PFA are backing him etc. You don't want to take anything for granted but I would be extremely surprised if he didn't get to play for us this season. Having said that, still hanging out for the confirmation.

Reflection of the ongoing saga. 

needs more pun. 

Sweet, figured as much. Itching for some actual news though!

Mediation is just A Long Lunch for a few.

So what exact;y does "independent arbitration" mean in our case? 

If the FFA aren't willing to make a decision do we go an Australian court to make a ruling on the contract situation or do we go to a higher football authority like the AFC or other FIFA body?

#fevertour to the Court of Arbirtation for Sport in Switzerland!

An article in an Australian paper the other day said that "the saga ­regarding midfielder ­Michael McGlinchey’s ­future is expected to be ­resolved shortly with legal mediation now taking place between the Mariners, Wellington Phoenix and Football Federation Australia."

I hope "shortly" actually means "shortly" and not "shortly in the eyes of a legal system that usually takes six months to decide whether it wants a cup of tea".

Hopefully we get a result from the mediation but I was referring to these statements from the ffa via stuff:

''FFA continues to work with the affected parties on a daily basis in this matter to find a resolution for the benefit of alli parties,'' an FFA spokesman said.

''Obviously, the preference is to find an amicable way forward but this is a complex matter. FFA understands the urgency involved for Michael McGlinchey and it may be that the matter needs to go to independent arbitration.''

http://i.stuff.co.nz/sport/football/10246071/Arbitration-likely-in-tug-of-war-for-McGlinchey

I presume that an amicable way forward would be ccm receiving some money somehow but what do they mean by "independent arbitration"?

"Independent arbitration" = both sides agree on a legal professional (not a judge) who will listen to both sides and then lay down a solution. It's much cheaper and quicker than actually taking it to court.

Interesting quote from the 'Standard Player Contract' earlier, but then that contract is just that, the Standard Contract. Surely someone like weemac and his agent would have their own clauses in there as well. 

He may have had clauses in there for this very scenario, a right of refusal, or maybe it was because they refused to pay him, therefore he could invoke some clause in his contract, or even standard contract law, that states if you don't play the employee, they have the right to terminate the contract. (referring to the speculation about him not being paid until January 1st due to salary cap blah blah)

This may be applicable:

"The SPC is effective from the date it is signed by you and the club and continues for the term unless you give written notice of termination for the following reasons:

• non-payment of money owed to you (club must remedy this within 14 days after you have written to the club re- quiring the money to be paid); and
• any non-financial but important term of the SPC (club must remedy this within 21 days of written notice from you)."

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

The conversation could have been:

WMc "My loans up, you guys have to pay me"

CCM "We cant, salary cap blah blah, 1st January"

WMc "But we have a binding contract"

CCM "That's with the old company, you have to sign this sparkly new one"

WMc "I don't want to, this ones quite fine"

CCM "But that company no longer exists, so it can't pay you, that contract is no longer valid. Restructuring blah blah"

WMc "So then that contract is no longer valid"

CCM "Umm.. no .. yes.. but hey sign this shiny one and we'll pay you"

WMc "No thanks, i want more in my contract"

CCM "We can't do that, salary cap blah blah. And we can't start paying you until 1st January anyway, because thats when the loan expires"

WMc "But that loan deal was with the old company, which no longer exists, with my old contract, which is no longer valid"

CCM "Yes but if you sign this shiny new one, and it can be binding with the new company, and the new company won't pay you until 1st January! See, how awesome is THAT!"

WMc "This is bullshit. FUCK YOU... I'M OUT!"

change WMc to WMc's Agent and you win the prize for best DocuDrama

quality

Few more worlds from The PFA in here. No entity to return to.

Well that article suggests game, set and match in our favour imho.

yeah pretty clear you would have thought. Even under the old agreement, if they weren't going to pay him until January, then there is a problem there.

Can we invoke the "Uncle Sepp's Modern Slavery" clause?

it seems like CCM have been caught out trying to have their cake and eat it too. 

This is unlikely to be resolved before Sat 26 July isn't it?

Play him anyway, its not an A League game.

Only if it comes with a free big brown envelope.

All Whites midfielder Michael McGlinchey may turn out for the Wellington Phoenix in a pre-season friendly tomorrow as the contractual dispute around him rumbles on.

Update: Michael McGlinchey will not be playing in tonight's training session @CapFootball @YellowFever_NZ

— Wellington Phoenix (@WgtnPhoenixFC) July 15, 2014

Its never as straight forward as we would like it to be, is it?

For instance, what happens if the Nix played McGlinchey v. Olympic tonight ...and he got injured. (I've touched the wooden desk here, crossed myself, all anti-jinx measures sorted, btw)

Would he be covered under any insurance policy, given the current situation?  Perhaps not, and if there was any doubt I don't think the Nix would risk that possibility... and his livelihood.