Jets face threat of legal action over sackings
By BRETT KEEBLE
Jan. 29, 2015, 9:30 p.m
PROFESSIONAL Footballers Australia chief executive Adam Vivian said four of the five Jets players facing the sack had not yet received formal notification of the club’s plan to terminate their contracts.
In a statement on Wednesday night, the Jets announced their intention to pay out the contracts of captain Kew Jaliens, Joel Griffiths, Billy Celeski and Adrian Madaschi and sack Carney for disciplinary reasons.
But after a series of group and individual meetings with those players and some of their teammates in Newcastle on Thursday night, Vivian said Jaliens, Griffiths, Celeski and Madaschi, all of whom were off contract at the end of this A-League season, were still awaiting the relevant paperwork from club owner and chairman Nathan Tinkler.
‘‘The players that have had their contracts threatened to be terminated, some people have very specific issues in regards to their personal situations, their family and other opportunities,’’ Vivian told the Newcastle Herald.
‘‘The four players that have been offered a mutual termination actually haven’t received any of those mutual termination offers as yet.
‘‘They have not received any correspondence whatsoever, and David Carney has received correspondence in the form of a third disciplinary notice, however, he vehemently refutes the allegation and he’s spoken in depth with us about that situation.
‘‘We believe he has a very strong case and that we will also be representing him on that issue.’’
Vivian would not discuss details of the allegation against Carney for legal reasons ‘‘but hopefully in the fullness of time we’ll be able to discuss that further’’.
On another dramatic day at Newcastle’s struggling football flagship, the PFA threatened the Jets with legal action, accusing the club of failing to comply with the players’ collective bargaining agreement.
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‘‘The actions of the club in attempting to terminate the contracts of the players, without satisfactory justification, are not in accordance with the CBA,’’ Vivian said.
‘‘If the situation is not remedied immediately, we will take the necessary legal steps.
‘‘The actions of the club undermine the A-League, which is a competition that is based on respect for contracts and committed to player wellbeing.’’
In other developments:
● In the presence of coach Phil Stubbins, three senior players spoke out against the embattled manager at a team meeting at the club’s Ray Watt Oval training base on Thursday morning.
● It is understood those three players made it clear they had no confidence in the coach and, though they will continue to honour their contractual obligations, they would no longer be playing for him but instead for their teammates and Jets fans.
● The Herald was told Griffiths, a former A-League Golden Boot winner, appeared briefly at that meeting then left after a heated exchange with Stubbins.
● It is understood Griffiths made it clear that he wanted to see out his contract with the Jets and was not prepared to accept a mutual termination pay-out.
● The Herald was told former Jets assistant coach Mark Jones is poised to rejoin the club to replace Clayton Zane, who was sacked on Wednesday with goalkeeping coach Neil Young and trainer Andrew Packer.
● Vivian dismissed speculation players were considering boycotting training or their next game, against Brisbane at Hunter Stadium next Friday.
Vivian plans to stay in Newcastle as long as it takes to resolve the crisis between the players, Stubbins and Tinkler, who as owner and chairman faces a Football Federation Australia deadline of Saturday to settle the club’s debts.
That includes outstanding superannuation entitlements and $140,000 owed to Northern NSW Football.
Vivian said he had spoken to the three players who spoke out against Stubbins in the course of his meetings on Thursday night, and all expressed their anger and frustration about the circumstances surrounding the departure of five of their teammates and a perceived lack of leadership from the coach and Tinkler.
‘‘There’s a level of frustration not only with Phil but also with regards to the way the situation has been handled,’’ Vivian said. ‘‘I think it’s exacerbated by the fact that they’re watching five of their fellow professionals potentially being terminated in a way that they see as quite abrupt and untoward.
‘‘They’re still waiting to see the strategic rationale and the football rationale as to why this is occurring in the way it is.
‘‘It’s been a disjointed process, so from their perspective, if it had been managed in a way that was followed methodically, and they were given the requisite consultation, perhaps the outcome would have been different.
‘‘In football, it’s not uncommon for there to be a mutual termination agreement reached and for people to part ways, but under the circumstances and the way it’s happened and the level of grey area around it, it’s created a level of anxiety which perhaps otherwise wouldn’t exist.’’
Tinkler told a Sydney newspaper on Thursday that the five players facing the sack had led a player revolt against Stubbins.
‘‘Carney has three strikes against his name and has been let go because of behavioural issues. I won’t go into them. He knows what they are,’’ Tinkler said.
Carney declined to comment when contacted by the Herald, indicating he was heeding legal advice.
Referring to Griffiths, a former Jets grand final hero and crowd favourite, Tinkler said: “Joel would be the first to tell you his best days are behind him.
‘‘I’ve got some time for Joel, but his comments and actions over the past week have been disappointing. There is a spot for him at Perth if he wants to go. They are keen to take him and he has the chance to win a title over there, but that’s up to him.’’
Responding to Tinkler’s comments about him, Griffiths tweeted: ‘‘Wow fair enough.’’
Northern NSW Football chief executive David Eland said the saga was severely damaging grassroots football in Newcastle.
‘‘Every day it goes on, it’s just generating more negative publicity and more negative talk,’’ he said.
‘‘It’s disappointing when the game is on such a high locally.’’
http://www.theherald.com.au/story/28...ckings/?cs=306