A football coach may be a millionaire, but he is nonetheless a simple employee. The Argentinian Marcelo Bielsa experienced this during his short stay at Losc between July and November 2017. Since his dismissal for serious misconduct, he has attacked his former club several times in court for redress. In vain.
Friday, it is the industrial tribunal of Lille which must decide on its conditions of dismissal. Marcelo Bielsa claims more than 18 million euros from the Lille club. Before the judges’ decision, 20 minutes takes stock of the case.
Was there a serious fault?
The judges of the Prud’hommes will have to decide this essential question. “The bad results or the economic motive are not serious faults”, asserts Benjamin Cabagno, lawyer of Marcelo Bielsa who insists, “the club needed that my contract leave the accounts”.
For Bertrand Wambeke, lawyer from Losc, the argument has already been swept away by the commercial court. “He asked for the club to be placed in receivership to force the leaders to negotiate. He was sentenced to 300,000 euros for abusive proceedings. Sum that he still has not paid ”. “Mr. Bielsa does not give up. It’s ridiculous because the players’ payroll is much more important than his salary and that of his assistants “
No less than eight grievances are blamed on Marcelo Bielsa, including “recurring insubordination” or “aggressive and disrespectful behavior”. “However, there is no testimony against him on the part of employees or players, except the accusers who dismissed him,” said Benjamin Cabagno.
Should he obey Luis Campos?
What he is criticized for is having refused to work with Luis Campos, but the latter, advisor to President Gérard Lopez, was not part of the club’s organizational chart. “Certainly, retorts Bertrand Wambeke, if the president orders him to work with Luis Campos, he must obey. he was given instructions. he had to follow them ”.
A point of law that will need to be clarified, apart from the fact that “the club’s situation was at its lowest” and that “Luis Campos is a recognized professional in the world of football”, as mentioned by the club’s lawyer.
Opposite, Marcelo Bielsa pleads the request for a meeting that the president has refused him twice. “We wanted to push him to resign, we were trying to anger him,” assures Benjamin Cabagno. We even let in the ultras during training to put pressure on him. “
At the end of October, a final meeting between Marcelo Bielsa, one of his deputies, Marc Ingla, the sports director and Luis Campos, degenerates. A secretary hears loud voices. “You will answer for what you just said in court,” Luis Campos told Bielsa, touching his shoulder, according to the version of the lawyer from Losc.
Three weeks later, Marcelo Bielsa was made redundant.
A humiliating dismissal?
The episode of the dismissal was spread in the press: On November 22, 2017, a bailiff arrived around 8 p.m. at the Hotel Barrière in Lille, where Marcelo Bielsa was staying. He must give him his invitation to an interview with a view to dismissal. Then two versions diverge. The Lille coach locks himself in his room twice to avoid being given the mail, according to the club.
For Bielsa’s lawyer, the latter got off well and did not understand what he wanted: “It is simply a misunderstanding because of the language barrier, as noted in the report of the bailiff ”. Argument disputed by Bertrand Wambeke: “The concierge spoke Spanish. He was able to translate. Mr. Bielsa knew very well what it was about. “
Another point will need to be clarified. Marcelo Bielsa claims to have learned of his dismissal from the press the next morning before withdrawing his summons. Le Losc claims to have sent the press release to the press on November 23, after warning the coach. However, a tweet from Losc announcing the suspension of his trainer is dated November 22 at 10:07 p.m.
“After the Lille episode, Mr. Bielsa was blacklisted in France, specifies Benjamin Cabagno. The damage is enormous for someone who puts morality above all else ”. Bertrand Wambeke disputes: “He was able to bounce back in the English championship, the most popular in Europe. Its prestige is intact ”.
Can a pre-contract be considered an employment contract?
In February 2017, five months before the official hiring of Marcelo Bielsa and his four assistants, a pre-contract was signed between the Argentine and Losc. What does this contract say? “Mr. Bielsa has full power over sports management” and “all the conditions are provided for his employment contract”, explains his lawyer. The overall salary of the coach and his four assistants is $ 4.5 million in the first year and $ 4 million in the second, paid in dollars.
A clause mentions that “whatever the cause of the termination, he must receive the entire salary”. Clause which will not be included in the employment contract signed in July and approved by the National Football League. And that’s where it gets stuck. According to Benjamin Cabagno, “it is up to the employer, and not the employee, to ensure that the contract must comply with the pre-contract”.
For Bertrand Wambeke, this is an “unfair term” which could not be included in an employment contract. “Imagine! Mr. Bielsa could set fire to the Luchin training center, he could not be dismissed for serious misconduct ”. Counterattack from the opposing party: “It is worrying if the Losc does not have a lawyer to check the contracts”.
The lawyer for the Lille club persists and signs: “This is not an employment contract, but a framework agreement to prepare the five future employment contracts. Mr. Bielsa claims his salary and that of his collaborators, but he cannot plead for his collaborators. “
In October, a new trial concerning his deputies must also be held at the Lille industrial tribunal.