Nice Premium: Does the dismissal letter sent to Raymond DOMENECH by President DUCHAUSSOY respond to a requirement of sports policy: to give the authorities and the public the impression of extreme severity towards him after the South Africa campaign and the events that characterized it?
Eric Borghini: This procedure, initiated by the President, mainly echoes the “inaugural” speech of Fernand DUCHAUSSOY when he took responsibility for our Federation. His program, in the very short term and urgently, was based on three axes:
– Resolving the disciplinary dispute related to the events in South Africa in order to “turn the page” with the head held high and regained honor. This has been achieved today, pending the appeal ruling for Patrice EVRA.
– Addressing the issue of the national coach, who, to say the least, failed particularly on the sporting, media, and behavioral fronts. This has been addressed today with the implementation of DOMENECH’s dismissal for serious misconduct.
– Dealing with the crucial issue of the new governance of the FFF, with the backdrop of the preparation of the football general assembly desired by the President of the Republic, which will take place in October or November 2010.
Thus, rather than merely giving assurances to the public or authorities, President DUCHAUSOY’s decision regarding DOMENECH stems from the implementation of a program to regain control over the federation by the federal authority and elected officials, who need to regain the sense of responsibility and their responsibilities.
NP: Are the “serious misconducts” attributed by the FFF to justify this dismissal procedure legally sufficient (Labor Code) to warrant such a decision?
EB: From a legal standpoint, the arguments on either side can be debated infinitely. The main difficulty seems to lie in the overlap of two employment contracts, one fixed-term: that of national coach; and the other indefinite-term: that of national trainer. However, the alleged misconduct pertains to DOMENECH’s behavior as the national coach whose employment contract expired at the end of the World Cup.
Yet, it is the “national trainer” who has been dismissed! Hence the difficulty. Except that, regardless of his title, DOMENECH was, in all cases, a senior executive of authority within the Federation and not a performing agent. Therefore, in my view, the alleged behavioral misconduct can be legally validated. Trust lawyers to skillfully exercise their expertise at this level… Conversely, from a political standpoint, it would have been morally unacceptable to pay DOMENECH two million euros, as reported in the press, as amicable dismissal compensation—a real “ransom”!
At this price, it’s better to let justice take its course, to fight, and hold nothing back until the final decision of the Court of Cassation. Thus, it would not be the Federation spontaneously paying such a colossal sum; instead, it would be a judicial decision imposing a conviction that we would have no choice but to execute. Politically, this changes everything.
NP: Is it possible or likely that the FFF would ultimately prefer any potential agreement (payment of compensation) with the former coach to be made within the legal framework rather than directly, to avoid any suspicion of lack of firmness? Would it be advisable to do so to avoid a negative judgment with easily foreseeable consequences in terms of image (controversies and others)?
EB: Anything is always possible. I am not currently in favor of a negotiation unless it is clearly favorable to the interests of the federation.
To me, DOMENECH should have to “pry open” the Federation’s purse strings with great difficulty to be compensated, as it would otherwise result in fewer financial resources for amateur football. That is, for mass football, the public sports service. I fear neither the conflict (peaceful), nor the battle (of ideas), nor a potential controversy following a possible condemnation of the Federation, for all the reasons I’ve laid out.
I also add that DOMENECH would garner respect by voluntarily foregoing any financial claims against the Federation.
