dailytelegraph wrote:
Fury over Shane Smeltz transfer
EXCLUSIVE by Tom Smithies From: The Daily Telegraph August 26, 2010
A-LEAGUE Golden Boot winner Shane Smeltz is facing a sanction of more than a million dollars or a six-month ban from the game, as the Chinese club he walked out on pursue him all the way to FIFA.
Smeltz left Gold Coast United for Turkey this week and was aiming to tie up a transfer with Turkish Super League club Genclerbirligi SK.
But FIFA will rule shortly on the complaint levelled by Chinese club Shandong Luneng after Smeltz walked out 24 hours after signing a contract to join them in July.
Shandong are seeking compensation from Smeltz of the value of his contract - around $1.3 million gross - or a ban of up to six months, which would apply worldwide.
Smeltz signed with Shandong for a $300,000 transfer fee but the next day he flew back to Australia, claiming the accommodation he was offered by the club for his family was substandard.
He has argued that since the International Transfer Certificate that ratifies overseas moves hadn't been issued by Football Federation Australia, the deal is null and void.
But Shandong are said to be deeply offended by his actions, and have refused to accept the return of the $300,000 transfer fee while the case is heard.
It may also have ramifications for Gold Coast, with legal sources saying previous cases established the principle that if a player who breaches a contract joins a new club, the latter may also be liable.
Smeltz returned to Gold Coast after quitting Shandong, but United chief executive Clive Mensink said the club had done nothing wrong.
"Gold Coast United stands by its position on retaining the International Transfer Certificate, and we've always been confident of that," he said.
"We're confident the evidence will show this is correct. We deem Shane to be our player and it's up to another club to prove otherwise."
It's understood informal negotiations between Shandong and Gold Coast have not been productive.
Smeltz's case comes after goalkeeper Danny Vukovic had his contract terminated by Turkish side Konyaspor, with Vukovic seeking compensation for the three-year deal he signed at the start of July.
Players' union chief Brendan Schwab was reluctant to discuss Smeltz's case in detail, but said in general terms, a player could not unilaterally walk out on a contract.
"It's absolutely right that the status of a player's contract is a two-way issue - if a player breaks his contract without just cause, he will be under an obligation to pay compensation to his employer, just as a club should be in the reverse situation," he said.
"However in almost all instances where a player then joins another club, the new club is jointly and severally liable for compensation."
http://www.dailytelegraph.com.au/sport/soccer/fury-over-shane-smeltz-transfer/story-e6frey4r-1225910060029