Mendy explains legal fight with City over unpaid wages
French football player, Benjamin Mendy, has recently won a legal case against Premier League champions, Manchester City, over unpaid wages.
The dispute centred on the period when Mendy was suspended from the club following serious allegations, with Mendy claiming the wages were unjustly withheld.
The 30-year-old, who now plays for Ligue 2 French club, Lorient, filed a claim against City for unlawfully withholding approximately £9 million.
In a prolonged legal battle, an employment tribunal judge ruled that City must pay Mendy most of his unpaid salary, potentially totalling around £6.8 million while allowing the club to withhold pay for the five months he spent in custody.
This is bound to raise numerous questions regarding employer responsibilities, contract terms, and employee rights, particularly in sensitive cases involving serious allegations.
In 2021, following accusations of sexual assault, Mendy was suspended from all activities by Man City.
Despite being contractually tied to the club, Mendy faced significant restrictions during his suspension and subsequent period of custody. At the time of his suspension, Mendy’s contract obligated City to pay his salary.
However, given the gravity of the allegations, the club argued that the situation was exceptional. As a result, Man City withheld Mendy’s wages for a total of 22 months, which included the five months he spent in custody after violating his bail conditions.
Although, Mendy acknowledged that the club had the right to withhold pay for the time he spent in prison, he argued that he should have been paid for the 17 months he was suspended but not in custody.
His case was based on the assertion that he was “ready and willing to work” during those months, emphasising that his suspension was a precautionary measure and that he should be compensated for the time lost through no fault of his own.
City’s legal team argued that Mendy’s behaviour during this period made him “incapable and unwilling to perform his contractual obligations.” They also pointed out that the footballer had violated Covid-19 regulations and breached bail conditions.
Additionally, the lawyers stated that his partying, drinking, and disregard for restrictions demonstrated he was not fulfilling his responsibilities.
The club claimed that Mendy’s behaviour did not meet the expectations of a professional footballer, justifying the suspension of his pay. City’s lawyers contended that by disregarding legal and team regulations, Mendy had essentially neglected his responsibilities, turning into a liability rather than a valuable player during that time. They argued that his actions validated the club’s decision to withhold his salary.
The ruling issued by Judge Joanne Dunlop provided clarity in the complex case. She ruled that Man City was justified in withholding Mendy’s pay during the five months he was detained, but for the remaining 17 months, she sided with Mendy.
Judge Dunlop stated that while Mendy was unable to work during that time due to suspension and bail conditions, these circumstances were beyond his control and did not make him unfit or unwilling to work.
Mendy let out a sigh of relief upon hearing the tribunal’s verdict. He called on Manchester City to “do the right thing” and pay him according to the ruling. Mendy’s lawyers argued that the club had unfairly delayed payment by leaving him in limbo until his contract expired. —Insidethegames.biz
