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Boro meltdown



Triggaaar

Well-known member
Oct 24, 2005
53,144
Goldstone
not in the case of gross misconduct, the employer is saying you're out immediately due a breach of contract for serious reasons.
That's complete nonsense. Yes the employer says you're out immediately due to a breach of contract, but that doesn't mean the employee isn't free to take legal advice and challenge the employers decision. A court might find that the employer was wrong to dismiss them, or they might not. And people settle out of court to save the time and money spent fighting it.
 




Postman Pat

Well-known member
Jul 24, 2007
6,973
Coldean
I thought this was interesting, from the Boro forum... Sounds like Steve Agnew subscribes to the Sami Hyypia school of tactics!

I thought Downing was anonymous the whole game, interesting that Nugent didn't seem to acknowledge Downing or Rhodes when subbed off.
 


Pavilionaire

Well-known member
Jul 7, 2003
31,263
It's annoying that Hull get to play Boro when they are a shambles and we got to play them when they were riding high. 0-0 on Friday would be the perfect outcome.

I'm concerned that Hull could put a run together if they beat Boro and there's nothing we could do about that or Burnley, so could miss out. If we can stay within 2 point of Boro then we always have the chance of leapfrogging them on the last day of the season.
 


Moshe Gariani

Well-known member
Mar 10, 2005
12,199
It's annoying that Hull get to play Boro when they are a shambles and we got to play them when they were riding high. 0-0 on Friday would be the perfect outcome.

I'm concerned that Hull could put a run together if they beat Boro and there's nothing we could do about that or Burnley, so could miss out. If we can stay within 2 point of Boro then we always have the chance of leapfrogging them on the last day of the season.
Agree with this. A convincing win for Hull would be extremely bad news.
 


beorhthelm

A. Virgo, Football Genius
Jul 21, 2003
36,015
That's complete nonsense. Yes the employer says you're out immediately due to a breach of contract, but that doesn't mean the employee isn't free to take legal advice and challenge the employers decision. A court might find that the employer was wrong to dismiss them, or they might not. And people settle out of court to save the time and money spent fighting it.

i misread/omitted the word "legal" in your sentence, so that came across wrong. its relevant to the general point you appear to be making that there could have been compensation for this dismal case, when that's unlikely. i don't recall the detail now but my recollection is the way the tribunal case was dropped suggested Poyet walked away without settlement. maybe he was advised it was a strong case, or else told it wasn't worth the distraction. remember, Poyet was supposed to be leaving anyway, why would an employer sack you if you are about to resign?

generally companies dont use gross misconduct unless there is good, provable grounds, because the legal bill of contesting would likely be as much as any notice period pay off. sometimes they do so as a matter of principle, who knows if that was the case here, we had so little information. and i'm sure the reasons to end a tribunal case are recorded, if a settlement is made that is noted without the detail of course.
 






Triggaaar

Well-known member
Oct 24, 2005
53,144
Goldstone
i don't recall the detail now but my recollection is the way the tribunal case was dropped suggested Poyet walked away without settlement.
Apparently El President looked at the accounts and deduced that Gus received a payment.

remember, Poyet was supposed to be leaving anyway, why would an employer sack you if you are about to resign?
I agree, I thought it was weird at the time. He wouldn't have been able to just resign, he could have been offered a job elsewhere and they'd have had to pay us compensation. But perhaps TB could afford the difference and would rather get it out of the way and move on and get a new manager in quickly .

generally companies dont use gross misconduct unless there is good, provable grounds
Yes I don't think for a minute that the club were making it up, but had Gus been our Alex Ferguson, I suspect the club would have tried to smooth things over.
 








Tony Meolas Loan Spell

Slut Faced Whores
Jul 15, 2004
18,071
Vamanos Pest
Apparently El President looked at the accounts and deduced that Gus received a payment.

I wonder how it was presented in the accounts? Could have been dressed up as a bonus, or maybe it was a genuine one after all there was probably one due for getting us in the play offs. These days you get bonuses for anything.
 


Tony Meolas Loan Spell

Slut Faced Whores
Jul 15, 2004
18,071
Vamanos Pest
It's annoying that Hull get to play Boro when they are a shambles and we got to play them when they were riding high. 0-0 on Friday would be the perfect outcome.

I'm concerned that Hull could put a run together if they beat Boro and there's nothing we could do about that or Burnley, so could miss out. If we can stay within 2 point of Boro then we always have the chance of leapfrogging them on the last day of the season.

Yeah riding high and we really were down to the bare bones squad wise the players were knackered. Would have given them a game if we had todays squad to choose from.
 




Acker79

Well-known member
NSC Patron
Nov 15, 2008
31,921
Brighton
i don't recall the detail now but my recollection is the way the tribunal case was dropped suggested Poyet walked away without settlement. maybe he was advised it was a strong case, or else told it wasn't worth the distraction.

My recollection is that after the club found him guilty, and the club upheld the decision after he appealled. Gus had vowed to take it to the courts as he was rather upset by the term 'gross misconduct' (the LMA statement said they disagreed that what he did constituted gross misconduct rather than denying he did what he was accused of). Then the opportunity to manage Sunderland came up and it was announced Gus and the club had come to a settlement.

Many people at the time claimed there was no money involved in the settlement. But, when when the next set of accounts came out, El Presidente mentioned there was something. I believe tucked away in 'other footballing costs' or something equally generic, that indicated Gus had received some sort of payout.


There was also contradictory reports during the initial investigation, with one report saying Gus was offered a financial settlement but turned it down, and another saying no offer was made.
 




El Presidente

The ONLY Gay in Brighton
Helpful Moderator
Jul 5, 2003
40,006
Pattknull med Haksprut
I wonder how it was presented in the accounts? Could have been dressed up as a bonus, or maybe it was a genuine one after all there was probably one due for getting us in the play offs. These days you get bonuses for anything.

I didn't find anything in the accounts of that nature.
 










El Presidente

The ONLY Gay in Brighton
Helpful Moderator
Jul 5, 2003
40,006
Pattknull med Haksprut
Does El Pres' trio of interventions mean that we can (re)turn our attention to Boro's meltdown?

Make that a quadruple.

Yesterday's result was great for us, and now it's up to the team tomorrow, hopefully supported by a baying Amex, to get three points and take advantage of the poor form of others.
 








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