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Óscar García Junyent - Club CONFIRM appointment as Head Coach (8.10pm, 26 June)



HantsSeagull

HantsSeagull

Well-known member
Aug 17, 2011
4,078
Caught in a Riptide
TRHK said:
Here's my theory.

Albion have a strong case against Gus (or they wouldn't have sacked him in the first place and risked losing an appeal).
Gus will not now appeal and in return Albion will keep the breaches of contract private.
Gus walks and Oscar moves from Interim to FT Manager.

Life goes on and this nasty chapter is over.
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i agree. unless gus is completely innocent or completely stupid - he would be mad to take it to court
 




Gritt23

Gritt23

New member
Jul 7, 2003
14,902
Meopham, Kent.
Goldstone1976 said:
Yes, I saw that after making the original post. It's just possible you might get away with a temporary "Head Coach", followed by a permanent "General manager" (as I also saw is being mooted). However, remember that if the GP saga were to end up in Court, the Judge will look at the substance of what is happening, not just the spin. Also, remember that any proceedings would be civil and not criminal, so the standard of proof required is "on the balance of probabilities", not "beyond reasonable doubt".
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No. A business is entitled to continue it's operations, and in such a crucial role, no Chairman at an ET would let an appointment today count against us. You change the name slightly, and the matter doesn't come up.

It's not as if we appointed someone while Gus was suspended, we operated without a manager for weeks while the investigation took place. We have already trod extremely carefully, there is no need to delay the appointment any further. Calling him by a different title is belt and braces. We can't be expected to wait amny longer, we are a business who are entitled to fill the role.
 




Tim Over Whelmed

Tim Over Whelmed

Well-known member
NSC Patron
Jul 24, 2007
10,658
Arundel
I'm a little excited by that!
 
















peterward

peterward

Well-known member
NSC Patron
Nov 11, 2009
12,275
Giraffe said:
I agree with all of this. I think it is highly likely the club have nothing to stand on with this. it may be they can settle out of court for less than the reported £2-2.5m but by the time you throw in the legal fees which must be mounting I doubt they will have saved very much from just sacking him six weeks ago and getting Oscar in straight away. It remains to be seen if the delay will adversely effect our season. Hopefully not though, Oscar seems like the perfect appointment.
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i don't think the court acts like that all, it deals in provable facts or beyond reasonable doubt, not supposition or reading between lines like NSC.

BHAfc have every right to seek to protect their business and line up alternatives in the interest of their business. The only questions relating to Garcia, will be did they line up Garcia before starting the suspension and disciplinary against Poyet? If the answer is No, then the club are within their right to line up alternative options as the case against Poyet was ongoing so as to avoid a vacuum which would severely detriment the business.

if Poyets appeal fails as is likely, he may well then sue and all the alleged factual basis that lead to his firing will be looked at first by the court, was his reasons for firing justified as breaches of contract yes or no, regardless of outcome does Poyet have a claim for compensation as per the provisions of his contract yes or no?

That does not mean you cannot seek out a skilled manager to run your business whilst alleged breaches of contract are being dealt with. Nor does it imply that the alleged case against Poyet breaching his contract is any less or any more provable because you sought out an alternative in the interests of protecting the business
 


Goldstone1976

Goldstone1976

We Got Calde in!!
Helpful Moderator
NSC Patron
Apr 30, 2013
14,124
Herts
Greavsey said:
It's a good point, but as you mention above the club have been absolutely meticulous in following employment law to the letter. So SURELY they would have checked out what they were entitled to do within the law so as not to jeopardise proceedings? In court Gus's lawyers can make insinuations about a coincidence but unless they have concrete proof that we haven't just hired him as an interim, then I don't think they will get anywhere.
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Yep, I have been very impressed by the way the club have handled the whole thing and have said so on NSC when the whole thing kicked off. I hope that they continue to be so now, and have no reason to doubt that that would be their desire.

However, I suspect that when the club started the process they didn't think it would take as long as it has (and will continue to do to hold GP's appeal). If the situation had been resolved within a month, then they could have appointed a permanent manager with no problem to take pre-season and organise transfers and contracts with no risk. As it is, they MAY have been forced to accelerate things, precisely to avoid the detrimental effect on next season that we're all so worried about.

In my experience, when time pressures start getting important, one tends to make riskier decisions than your lawyers (who, remember, are only advisers - they never make the decisions, they only provide advice to the management and the Board) would be comfortable with. I've done it myself on many occasions - start a proper process (not just with employment issues, though those too) in good faith and then got bounced into a riskier decision because of "events". Sometimes it panned out ok, sometimes it didn't....
 




gripper stebson

gripper stebson

Well-known member
Jul 27, 2004
6,690
This is why football is great. There we were on Sunday night, depressed and asking serious questions of the club and out departed leader... three days later and we don't have a care in the world!

FOOOOTTTBBBAAALLLL!
 




Goldstone1976

Goldstone1976

We Got Calde in!!
Helpful Moderator
NSC Patron
Apr 30, 2013
14,124
Herts
Gritt23 said:
No. A business is entitled to continue it's operations, and in such a crucial role, no Chairman at an ET would let an appointment today count against us. You change the name slightly, and the matter doesn't come up.

It's not as if we appointed someone while Gus was suspended, we operated without a manager for weeks while the investigation took place. We have already trod extremely carefully, there is no need to delay the appointment any further. Calling him by a different title is belt and braces. We can't be expected to wait amny longer, we are a business who are entitled to fill the role.
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My experience at both ET and High Court would suggest you're wrong.
 










S

somerset

New member
Jul 14, 2003
6,600
Yatton, North Somerset
Re: Óscar García Junyent

Goldstone1976 said:
Absolutely possible, but, imo, unlikely. Hope you're right!
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It doesn't matter what happens with Gus, he isn't returning. If he wins his case, compo will be paid, if he doesn't, he is off....Gus is old news now, Oscar is now the man.......flair football continues at the Amex, but hopefully with a little more win the game mentality, rather than not lose the game.
 






D

dougdeep

New member
May 9, 2004
37,732
SUNNY SEAFORD
Someone brings good news and all the thanks he gets is to be told that he's put it in the wrong place. Jeez.
 


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