Colchester want a points deduction!?!?

[Camuldonum 0]

We''ve got owners thanks.  Mr and Mrs Cowling.

It''s one of the joys of a small club.  You can chat to the owners and the CEO.

[;)]

[wessex_exile 0]

Not far enough if that''s the deal [;)]

[wessex_exile 0]

Arsebolloxshitwank - fecking emoticons now :-(

[Camuldonum 0]

[quote user="wessex_exile"]Arsebolloxshitwank - fecking emoticons now :-([/quote]

Enable emoticons[:(]

Don''t get stressed.  I am sure we will get a decent wedge out of them. Eventually.

[;)]

[scrimmage 0]

Don''t be comin'' on our board, swearing and getting pissed. I''ll give you £200k now then another £200k if we go back up, deal?

[Lambo 0]

[quote user="Camuldonum"]

[quote user="wessex_exile"]Arsebolloxshitwank - fecking emoticons now :-([/quote]

Enable emoticons[:(]

Don''t get stressed.  I am sure we will get a decent wedge out of them. Eventually.

[;)]

[/quote]

I don''t doubt we''ve been very under-handed and shady with this, the trick is you guys proving it for me.

[Lambo 0]

How is it you fix that problem with the IE quoting Cam??

[wessex_exile 0]

Throw in a few pots of Colemans, a timeshare chalet in Caistor and 1000 Roy''s loyalty card points and that''s a deal.

[Camuldonum 0]

 

Doncaster would have stuck by the book[+o(] and bored the arse off everyone in the process no doubt.

Lambert is a decent manager in this Division but not too bright when it comes to explaining to the owner "why his head isn''t right" any more.

[:|]

[The Walking Man 13]

How many years did Lambert have left on his contract?

[Nexus_Canary 1,016]

You will get your compensation Colchester !Hint : You seen the transfer rumors about Doc ? ;)

[Camuldonum 0]

[quote user="The Walking Man walking to Yeovil"]How many years did Lambert have left on his contract?[/quote]

Two.

[Camuldonum 0]

[quote user="Nexus_Canary"]You will get your compensation Colchester !

Hint : You seen the transfer rumors about Doc ? ;)
[/quote]

If you mean "Doc FOR GOD''S SAKE NO" message I believe I have.

Will depend on the incoming manager of course.

Whatever.[:|]

[The Walking Man 13]

[quote user="Camuldonum"]

[quote user="The Walking Man walking to Yeovil"]How many years did Lambert have left on his contract?[/quote]

Two.

[/quote]

And how much was he earning give or take?

[Nexus_Canary 1,016]

hehehe, i truely would be gutted for you guys if you did sign him ! Think your safe though  [;)]

[wessex_exile 0]

[quote user="The Walking Man walking to Yeovil"][quote user="Camuldonum"]

[quote user="The Walking Man walking to Yeovil"]How many years did Lambert have left on his contract?[/quote]

Two.

[/quote]

And how much was he earning give or take?

[/quote]

Without any evidence to back this up, I''d say a bit but not too much less than our top players earn, which is about £6k/week, so in the region of £200k+ per year? Would fit if we''re looking for £400k compo for the 2 years left on his contract.

[ncfcstar 291]

[quote user="Mello Yello"][quote user="Camuldonum"][quote user="scrimmage"][quote user="Camuldonum"][quote user="First Wizard"][quote user="Camuldonum"][quote user="First Wizard"][quote user="Camuldonum"]

[quote user="scrimmage"]Not first time anyway![/quote]

We still haven''t accepted his resignation formally.  We may be a small club but the owner is not that daft..........

 

[/quote]

Hmm? Its strange no one has ever mentioned this on the Colbitter Offy site Cam....and yes, I am registered on that site![:|]

[/quote]

 

It''s been mentioned and was also mentioned on the Col U radio show. 

RC told me yesterday that we have not sent Lambert a formal acceptance of his resignation. 

Yes, I know you are registered.  I see your occasional contributions. 

We''ve moved on this end and are waiting to find out who the new man is.

In the meantime we want the money for the last one.

Cough up! [:P]

 

[/quote]

So in theory you have two managers, we should report Colchester to the FA about this![;)]

[/quote]

 

Wiz, just cough up with the money.  You know it makes sense.[;)]

[/quote]I don''t think it''s up to Wiz Cam!! Do you know how much compensation you''re asking for? We''re talking hundreds of thousands of pounds here our board won''t take the decision lightly. Although if it comes down to a points deduction to reduce the compensation or fine then i fear Delia may plump for that![/quote]

You first offer was around £200k.  We are looking for around £450k. 

Hopefully a meeting somewhere in the middle.

[/quote]

Done! We''ll throw these two in as well..........How far is it to Colchester from Stowmarket?

[/quote]Closer, and easier to get to than Norwich.  About 32 miles I think.  Sounds like a great bit of business to me.

[Camuldonum 0]

[quote user="The Walking Man walking to Yeovil"][quote user="Camuldonum"]

[quote user="The Walking Man walking to Yeovil"]How many years did Lambert have left on his contract?[/quote]

Two.

[/quote]

And how much was he earning give or take?

[/quote]

Close on £200k.  Culvers and the other bloke who we never worked out what he did come free.

[CambridgeCanary 0]

It is a wonderful urban myth that a resignation requires acceptance and yes for those who don''t know me (or care to) I am a asolicitor specialising in corporate governance including employment issues.  A resignation is a termination of a contract and as such ends the contract.  If a resignation required acceptance then so would the other main form of termination which is a dismissal.  "No, I am not accepting your dismissal and will carry on working here"  Ridiculous eh!! 

The notion of lambert''s resignation not being accepted is that its refusal keeps him employed at Colchester which he clearly is not.   The law does not force people to work where they do not want to.  There may be an injuction to stop an employee joining a competitor but that is not relevant here.

Legally, Lambert has terminated his contract.  It is over.  He is a Norwich employee.  However, the process is questionable and at best we have bullied a smaller club - something that many of you seem inordinately proud of- and at worst we have broken league rules and will be punished.

For all you rubbishing the Colchester claims I would suggest caution and modesty.   Many people on this Board rubbished Palace''s claim against Dowie when it was legally pretty obvious that they would win.   And Palace won over £1m.   It seems that at least there are questions to be answered by Norwich and all the "Shut up, get over it and go away little club" on this thread will cut no ice with the league.

Personally I am a bit embarrassed by how the club has behaved and very embarrassed by some of the arrogant, bullying and aggressive posts by  Norwich fans on this thread.

[Nexus_Canary 1,016]

hehehe,I studied law myself got a few words to say which contradict the entire corrupt system you aspire to work for1) Money Talks2) Grey Area3) Loop HoleI Rest my entire case your honour [;)]

[The Walking Man 13]

[quote user="Camuldonum"][quote user="The Walking Man walking to Yeovil"][quote user="Camuldonum"]

[quote user="The Walking Man walking to Yeovil"]How many years did Lambert have left on his contract?[/quote]

Two.

[/quote]

And how much was he earning give or take?

[/quote]

Close on £200k.  Culvers and the other bloke who we never worked out what he did come free.

[/quote]

Then to be honest, I would happily pay 350k odd compensation as I believe that is only fair.

[Snoots 0]

[quote user="CambridgeCanary"]

It is a wonderful urban myth that a resignation requires acceptance and yes for those who don''t know me (or care to) I am a asolicitor specialising in corporate governance including employment issues.  A resignation is a termination of a contract and as such ends the contract.  If a resignation required acceptance then so would the other main form of termination which is a dismissal.  "No, I am not accepting your dismissal and will carry on working here"  Ridiculous eh!! 

The notion of lambert''s resignation not being accepted is that its refusal keeps him employed at Colchester which he clearly is not.   The law does not force people to work where they do not want to.  There may be an injuction to stop an employee joining a competitor but that is not relevant here.

Legally, Lambert has terminated his contract.  It is over.  He is a Norwich employee.  However, the process is questionable and at best we have bullied a smaller club - something that many of you seem inordinately proud of- and at worst we have broken league rules and will be punished.

For all you rubbishing the Colchester claims I would suggest caution and modesty.   Many people on this Board rubbished Palace''s claim against Dowie when it was legally pretty obvious that they would win.   And Palace won over £1m.   It seems that at least there are questions to be answered by Norwich and all the "Shut up, get over it and go away little club" on this thread will cut no ice with the league.

Personally I am a bit embarrassed by how the club has behaved and very embarrassed by some of the arrogant, bullying and aggressive posts by  Norwich fans on this thread.

[/quote]

Actually, you are wrong. If Lambert signed up to a fixed term contract with Colchester then both parties must respect the duration of the contract and the only way to terminate such a contract amicably is by mutual agreement unless there are issues of gross misconduct etc. If either party terminates unilatarally then of course law suits and/or compensation result. As far as points deduction suggestions are concerned, these are of course nonsense.

[WeAreYellows49 0]

Well we shall all see in the near future won''t we.

[Snoots 0]

[quote user="WeAreYellows49"]Well we shall all see in the near future won''t we.[/quote]

Yes, the truth will out ............. as it always does. What subjects did you get your 7 A levels in ?

[CambridgeCanary 0]

[quote user="Bob Franklin"][quote user="CambridgeCanary"]

It is a wonderful urban myth that a resignation requires acceptance and yes for those who don''t know me (or care to) I am a asolicitor specialising in corporate governance including employment issues.  A resignation is a termination of a contract and as such ends the contract.  If a resignation required acceptance then so would the other main form of termination which is a dismissal.  "No, I am not accepting your dismissal and will carry on working here"  Ridiculous eh!! 

The notion of lambert''s resignation not being accepted is that its refusal keeps him employed at Colchester which he clearly is not.   The law does not force people to work where they do not want to.  There may be an injuction to stop an employee joining a competitor but that is not relevant here.

Legally, Lambert has terminated his contract.  It is over.  He is a Norwich employee.  However, the process is questionable and at best we have bullied a smaller club - something that many of you seem inordinately proud of- and at worst we have broken league rules and will be punished.

For all you rubbishing the Colchester claims I would suggest caution and modesty.   Many people on this Board rubbished Palace''s claim against Dowie when it was legally pretty obvious that they would win.   And Palace won over £1m.   It seems that at least there are questions to be answered by Norwich and all the "Shut up, get over it and go away little club" on this thread will cut no ice with the league.

Personally I am a bit embarrassed by how the club has behaved and very embarrassed by some of the arrogant, bullying and aggressive posts by  Norwich fans on this thread.

[/quote] Actually, you are wrong. If Lambert signed up to a fixed term contract with Colchester then both parties must respect the duration of the contract and the only way to terminate such a contract amicably is by mutual agreement unless there are issues of gross misconduct etc. If either party terminates unilatarally then of course law suits and/or compensation result. As far as points deduction suggestions are concerned, these are of course nonsense.[/quote]

I have said that there is a claim for breach of contract so why and in which way am I wrong?  The contract has ended because Lambert broke it but ended it has and no acceptance is required for that.

If we have broken league rules then a points deduction is apotential penalty so how is that nonsense? 

[Mr_Chimp 0]

[quote user="CambridgeCanary"][quote user="Bob Franklin"][quote user="CambridgeCanary"]

It is a wonderful urban myth that a resignation requires acceptance and yes for those who don''t know me (or care to) I am a asolicitor specialising in corporate governance including employment issues.  A resignation is a termination of a contract and as such ends the contract.  If a resignation required acceptance then so would the other main form of termination which is a dismissal.  "No, I am not accepting your dismissal and will carry on working here"  Ridiculous eh!! 

The notion of lambert''s resignation not being accepted is that its refusal keeps him employed at Colchester which he clearly is not.   The law does not force people to work where they do not want to.  There may be an injuction to stop an employee joining a competitor but that is not relevant here.

Legally, Lambert has terminated his contract.  It is over.  He is a Norwich employee.  However, the process is questionable and at best we have bullied a smaller club - something that many of you seem inordinately proud of- and at worst we have broken league rules and will be punished.

For all you rubbishing the Colchester claims I would suggest caution and modesty.   Many people on this Board rubbished Palace''s claim against Dowie when it was legally pretty obvious that they would win.   And Palace won over £1m.   It seems that at least there are questions to be answered by Norwich and all the "Shut up, get over it and go away little club" on this thread will cut no ice with the league.

Personally I am a bit embarrassed by how the club has behaved and very embarrassed by some of the arrogant, bullying and aggressive posts by  Norwich fans on this thread.

[/quote] Actually, you are wrong. If Lambert signed up to a fixed term contract with Colchester then both parties must respect the duration of the contract and the only way to terminate such a contract amicably is by mutual agreement unless there are issues of gross misconduct etc. If either party terminates unilatarally then of course law suits and/or compensation result. As far as points deduction suggestions are concerned, these are of course nonsense.[/quote]

I have said that there is a claim for breach of contract so why and in which way am I wrong?  The contract has ended because Lambert broke it but ended it has and no acceptance is required for that.

If we have broken league rules then a points deduction is apotential penalty so how is that nonsense? 

[/quote]Again, this was the point I was trying to (unsuccessfully) make last night.  If Lambert has broken his contract, unless it can be proven that we ''induced'' him to do so - and I mean properly, beyond-any-doubt proven - the issue of compensation seems to my understanding to bebetween ColU and Lambert himself, not ColU and Norwich City, much as was between Dowie and Palace, rather than Palace and Charlton.

[WeAreYellows49 0]

[quote user="Bob Franklin"][quote user="WeAreYellows49"]Well we shall all see in the near future won''t we.[/quote] Yes, the truth will out ............. as it always does. What subjects did you get your 7 A levels in ?[/quote]

 

What does it matter lol I don''t see any relevance to this thread at all.

[CambridgeCanary 0]

[quote user="Mr_Chimp"][quote user="CambridgeCanary"][quote user="Bob Franklin"][quote user="CambridgeCanary"]

It is a wonderful urban myth that a resignation requires acceptance and yes for those who don''t know me (or care to) I am a asolicitor specialising in corporate governance including employment issues.  A resignation is a termination of a contract and as such ends the contract.  If a resignation required acceptance then so would the other main form of termination which is a dismissal.  "No, I am not accepting your dismissal and will carry on working here"  Ridiculous eh!! 

The notion of lambert''s resignation not being accepted is that its refusal keeps him employed at Colchester which he clearly is not.   The law does not force people to work where they do not want to.  There may be an injuction to stop an employee joining a competitor but that is not relevant here.

Legally, Lambert has terminated his contract.  It is over.  He is a Norwich employee.  However, the process is questionable and at best we have bullied a smaller club - something that many of you seem inordinately proud of- and at worst we have broken league rules and will be punished.

For all you rubbishing the Colchester claims I would suggest caution and modesty.   Many people on this Board rubbished Palace''s claim against Dowie when it was legally pretty obvious that they would win.   And Palace won over £1m.   It seems that at least there are questions to be answered by Norwich and all the "Shut up, get over it and go away little club" on this thread will cut no ice with the league.

Personally I am a bit embarrassed by how the club has behaved and very embarrassed by some of the arrogant, bullying and aggressive posts by  Norwich fans on this thread.

[/quote] Actually, you are wrong. If Lambert signed up to a fixed term contract with Colchester then both parties must respect the duration of the contract and the only way to terminate such a contract amicably is by mutual agreement unless there are issues of gross misconduct etc. If either party terminates unilatarally then of course law suits and/or compensation result. As far as points deduction suggestions are concerned, these are of course nonsense.[/quote]

I have said that there is a claim for breach of contract so why and in which way am I wrong?  The contract has ended because Lambert broke it but ended it has and no acceptance is required for that.

If we have broken league rules then a points deduction is apotential penalty so how is that nonsense? 

[/quote]

Again, this was the point I was trying to (unsuccessfully) make last night.  If Lambert has broken his contract, unless it can be proven that we ''induced'' him to do so - and I mean properly, beyond-any-doubt proven - the issue of compensation seems to my understanding to bebetween ColU and Lambert himself, not ColU and Norwich City, much as was between Dowie and Palace, rather than Palace and Charlton.


[/quote]  Interesting point.  Inducement might be inferred and there may even be evidence for it.  The Dowie case happened without the involvement of another club.  Dowie misled his chairman.  Lambert even on Colchester''s statements, appears to have been honest with them.

Touting is forbidden by league rules.  Again, according to Colchester''s account, the approach was made via the Chairman and that is the correct route.   Norwich told Colchester that they wanted to appoint not interview Lambert.   He resigned and is in breach of contract.  He must have had an offer from us to do that and as we were going to appoint him, we must have had a package to offer.

It will suit everyone to make this the Club''s problem rather than a personal one for Lambert.  The known facts could legimately take us down either route.

[chicken 0]

[quote user="Camuldonum"]

[quote user="TheGoogler"][quote user="cufcone"]It doesn''t matter if Lambert resigned the problem is the agreement said Norwich were not to offer Lambert employment untill compensation was agreed. Compensation was not agreed and Lambert was unveiled as your new manager so Norwich went against what was agreed between the clubs. I think a points deduction is going a bit far but if it is proved Norwich broke the rules then they are looking at having to pay alot in compensation and will probably be hit with a big fine aswell.[/quote]No, not true.We approached Colchester. Colchester said yes on condition we did not offer employment. Lambert returned to Colchester and tendered his resignation then was offered the job. Let''s get our facts straight before we wade into the situation.[/quote]

 

Not correct, I''m afraid.  You were given the "Permission to speak" by Rob Cowling subject to a condition, faxed to you and acknowledged by Norwich, that no contract was to be offered to Lambert without compensation being agreed between the two clubs first.

Colchester''s case is that you ignored that condition and went ahead anyway.  Colchester believe that is in breach of FL Regulation 20 (iii).

20 Club / Employees Relationships20.1 No Club shall take any steps (either directly or indirectly through any third party, includingthe making of statements to the media) to induce or attempt to induce another Club’semployee to terminate his contract of employment with that other Club, whether or not suchtermination constitutes a breach of that contract.

 

20.2 No Club shall (either directly or indirectly through any third party) make contact with or enterinto negotiations relating to the employment of another Club’s employee.

20.3 The only exception to this Regulation is where the Club has obtained the prior writtenpermission of the Chairman (or in his absence, a director or the Secretary) of that otherClub. Any such permission must set out any conditions attaching to it.

 

 

[/quote]If that is the case then it seems the Colchester board are rather naive.If they said you can talk to him and then we will discuss compensation surely there is nothing saying compensation before he moves?I only ask this because if that is the case then Colchester have just made one of the worse decisions ever. When you sell a player or look to sell a player you don''t let him talk to the team interested before discussing a price. They come to you and ask if he is available and offer a fee. If the fee is rubbish the club rejects it. The player may be told about it but they are not allowed to talk until the fee has been agreed.The problem being that if they then want to go and the price is cack you are caught out. The player wont be in the frame of mind to play for you anymore and the price as a result will diminish. Colchester have done just that with Norwich. Its as much their own fault for allowing him to speak to Norwich prior to agreeing compensation. Sounds like Colchester thought it was easy money and forgot the implications.