Gingerpele 0 Posted October 4, 2012 Michael Bailey just tweeted this:''Alan Bowkett says Paul Lambert is taking #ncfc to a tribunal looking for £2m for "unfair dismissal". Wow.''So, we dismissed him? Share this post Link to post Share on other sites
Gingerpele 0 Posted October 4, 2012 Oh no, apparently he gave the club 3 hours to give permission for him to speak to Villa.Something about breach of contract as well. If that breach is not allowing permission to speak, then surely the contract said he can speak to Premiership clubs, then he wouldn''t need permission? Share this post Link to post Share on other sites
CambridgeCanary 0 Posted October 4, 2012 Very interesting. But even if he has a claim for breach of contract, to claim damages he has to have suffered financial loss.Given that Lambert most probably got a substantial pay increase when he moved, I wonder what his losses can be? Sounds pretty unlikely to me Share this post Link to post Share on other sites
norfolkbroadslim 223 Posted October 4, 2012 So, still no hard feelings for Lambert then? All you lovies still wishing him well for the future? This could stop us getting the striker we want and probably need in January!!![:@] Unfair dismissal does indeed suggest that we ''sacked'' Lambert. If Lambert walked due to his position being untenable then he would be claiming constructive dismissal. Share this post Link to post Share on other sites
norfolkbroadslim 223 Posted October 4, 2012 Is this a major c0ck up by McNally? Not only not compo, but Lambert trying to sue us for millions![:O] However, like I said unfair dismissal, if they are the correct terms, suggests that we got rid of Lambert. After his ''wobble'' the summer before, perhaps we got sick and with his demands to speak to Villa, we sacked him?[:^)] Share this post Link to post Share on other sites
lincoln canary (& Golden Coppel) 0 Posted October 4, 2012 If we did sack him then what a monumental f£&k up by McNally Share this post Link to post Share on other sites
Zak Van Burger 0 Posted October 4, 2012 [quote user="CambridgeCanary"]Very interesting. But even if he has a claim for breach of contract, to claim damages he has to have suffered financial loss.Given that Lambert most probably got a substantial pay increase when he moved, I wonder what his losses can be? Sounds pretty unlikely to me[/quote]Exactly CC.He does have form for contriving his own departure from previous clubs too which will not help a civil claim.Why is there due to be a tribunal between us and Viler if we "sacked" the grasping egocentric scotsman anyway, surely he would have to pursue a constructive dismissal claim instead or there could be no tribunal as he was a free agent? Share this post Link to post Share on other sites
WeAreYellows49 0 Posted October 4, 2012 Interesting stuff, why would *he* sue us it''s bizarre to say the least Share this post Link to post Share on other sites
Bill 1,788 Posted October 4, 2012 "So, we dismissed him? " I thought that was pretty much a given which also explains why he ended up at Villa perhaps he aped the poison dwarf O''Neill too closely Share this post Link to post Share on other sites
norfolkbroadslim 223 Posted October 4, 2012 While we are still taking Villa to a tribunal over Lambert''s departure[:^)] It''s difficult to make head nor tail of this from the little snippets available. Share this post Link to post Share on other sites
sjs7 0 Posted October 4, 2012 Blimey, this just add''s even more spice to the game coming up in a few weeks on Sky, both team''s likely to still be seeking their first win of the season,would be a great time for Hughton to finally get our boys playing with the belief, pride and passion that we were famed for last season!!! OTBC :) Share this post Link to post Share on other sites
ImDrunky 0 Posted October 4, 2012 [quote user="sjs7"]Blimey, this just add''s even more spice to the game coming up in a few weeks on Sky, both team''s likely to still be seeking their first win of the season,would be a great time for Hughton to finally get our boys playing with the belief, pride and passion that we were famed for last season!!! OTBC :)[/quote]Villa have already got their first win of the season, against Swansea. Share this post Link to post Share on other sites
Jacko 0 Posted October 4, 2012 His argument is for constructive dismissal. He believes that by not allowing him to speak to Villa, Norwich committed a fundamental breach of contract. This meant that he could treat himself as having been dismissed by the club. Which he did through the act of resigning. Does he actually have to prove loss? If a manager is sacked by a club and subsequently employed by another club soon after. They are still contractually entitled to that money from the previous club. This is monumental cock up by McNally and the board if true. One that has possibly cost the club about £4 million pounds. Share this post Link to post Share on other sites
ImDrunky 0 Posted October 4, 2012 But it should be a good game, I just hope and pray we''ll win lol. Share this post Link to post Share on other sites
norfolkbroadslim 223 Posted October 4, 2012 [quote user="Jacko"]His argument is for constructive dismissal. He believes that by not allowing him to speak to Villa, Norwich committed a fundamental breach of contract. This meant that he could treat himself as having been dismissed by the club. Which he did through the act of resigning. Does he actually have to prove loss? If a manager is sacked by a club and subsequently employed by another club soon after. They are still contractually entitled to that money from the previous club. This is monumental cock up by McNally and the board if true. One that has possibly cost the club about £4 million pounds.[/quote] Constructive dismissal fits better with this Bowkett quote - Michael Bailey@michaeljbaileyAB: "Manner of PL departure no surprise because he''s walked out on every club he''s ever managed... #ncfc #pinkun Where did you find constructive dismissal stated? Share this post Link to post Share on other sites
Jacko 0 Posted October 4, 2012 Well basically Slim. "An employer must not, without reasonable or proper cause, conduct himself in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence between the employer and the employee"What Lambert must be arguing is that he had a clause in his contract allowing him to speak to Villa. By refusing him permission we breached that term in his contract destroying this relationship of trust and confidence. He therefore treated himself as being constructively dismissed by the club. Share this post Link to post Share on other sites
Bill 1,788 Posted October 4, 2012 the devil is in the detail, though it is omly two words what determines unfair ? if your work contract states that you can be instantly dimissed for being drunk at work - what is being drunk ? they may claim half a pint is or your hangover from the night before if they want you out I would very, very much doubt this ''massive cock up'' theory - I''m fairly certain the club has the ability to draw up a fairly water tight contract I suspect tis is merely a counter claim to try and detract from any action City are taking Share this post Link to post Share on other sites
Baldyboy 0 Posted October 4, 2012 it will be interesting to see how many idiots clap Judas after this revelation when we play villa at home!!! I hope he gets the welcome from hell!!! Share this post Link to post Share on other sites
Stig 0 Posted October 4, 2012 As if things weren''t looking pale enough!Here''s my line of thinking as of today:Every premier league game has been a class A game, which struck me as strange - but then today the tickets for the Spurs game were released and I was less than impressed with the pricing. Now, hear me out - I''m usually one to be positive - but the pervasive feeling I am getting is that the board are milking the "ride along" Norwich city supporters, I.E. the ones that are coming for the premier league rather than the club for the (inevitable) relegation battle that we might lose. It sounds crazy, but when you put your brain to it perhaps not.Why are all the games we''ve played class A? QPR, and especially West Ham are not class A. McNally''s "five year" plan saw us relegated in our first premier league season, but why not adjust the plan? So milk the cling ons for their £45 a game and £30 for our last Capital One Cup game. If McNally really did stick his own c*ck up his *rse on this one then he for sore Lambert coming back for damages and needed enough money to cover that (perhaps our lack of buying a striker?).We all knew that something fishy was going on with Lambert and his sudden departure - but I think Lambert is just the start of some dodgy dealings.Call me crazy :\ Share this post Link to post Share on other sites
norfolkbroadslim 223 Posted October 4, 2012 [quote user="Jacko"]Well basically Slim. "An employer must not, without reasonable or proper cause, conduct himself in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence between the employer and the employee" What Lambert must be arguing is that he had a clause in his contract allowing him to speak to Villa. By refusing him permission we breached that term in his contract destroying this relationship of trust and confidence. He therefore treated himself as being constructively dismissed by the club.[/quote] I know that, I was wondering where you''d seen constructive dismissal being reported as the only quotes so far seem to be for unfair dismissal? Are you just guessing / assuming the constructive bit? Share this post Link to post Share on other sites
Mr Brownstone 0 Posted October 4, 2012 What. An. A**ehole.I had no ill feeling towards him at all up until now, but he knows where we are at financially and he knows how much this could hurt us.I hope he crashes and burns and gets removed from the hall of fame. Share this post Link to post Share on other sites
Bill 1,788 Posted October 4, 2012 "What Lambert must be arguing is that he had a clause in his contract allowing him to speak to Villa. By refusing him permission we breached that term in his contract destroying this relationship of trust and confidence" If he had that clause then why would he needs the clubs permission ? Why would we try and stop him, when we would have known with that clause he would be perfectly entitled to talk to another club and would therefore already most likely to be talking to another club anyway ? Have you actually thought this through ? Share this post Link to post Share on other sites
Jacko 0 Posted October 4, 2012 Constructive dismissal is a form of unfair dismissal slim. Share this post Link to post Share on other sites
Jacko 0 Posted October 4, 2012 [quote user="City1st"]"What Lambert must be arguing is that he had a clause in his contract allowing him to speak to Villa. By refusing him permission we breached that term in his contract destroying this relationship of trust and confidence" If he had that clause then why would he needs the clubs permission ? Why would we try and stop him, when we would have known with that clause he would be perfectly entitled to talk to another club and would therefore already most likely to be talking to another club anyway ? Have you actually thought this through ? [/quote]Ever thought about the Premier League rules. You can''t technically approach a manager or player behind another club''s back. So it''s still very relevant that Norwich needed to give their permission. Share this post Link to post Share on other sites
Steady On... 0 Posted October 4, 2012 So the immediate reaction to Lambeth wanting 2 million pounds is "it''s mcnallys fault" or "it''s the boards fault"Can I Ask a question, is everyone but me on here 400 years old and completely stupid?Get a grip. Mongs. Share this post Link to post Share on other sites
Bill 1,788 Posted October 4, 2012 "Constructive dismissal is a form of unfair dismissal slim" eh ? one is where you resign the other is where you are sacked how is one a form of the other ? Share this post Link to post Share on other sites
sjs7 0 Posted October 4, 2012 [quote user="ImDrunky"]But it should be a good game, I just hope and pray we''ll win lol. [/quote]Oh yeah, ''my bad'' ... don''t know why i thought that, well at least we can''t give him his first win of the season but it would be sweet revenge to gain our''s !!! Share this post Link to post Share on other sites
Jacko 0 Posted October 4, 2012 Who knows whether Lambert is onto a winner here? At the very worst the board has made a monumental cock up and will cost money. At the very best it presents the club with a big smokescreen of uncertainty which could potentially affect our January dealings. Share this post Link to post Share on other sites
BroadstairsR 2,164 Posted October 4, 2012 "I suspect this is merely a counter claim to try and detract from any action City are taking." Agreed. As it gets nearer it gets messier. I fancy McNally in a dogfight. Share this post Link to post Share on other sites
Jacko 0 Posted October 4, 2012 [quote user="City1st"]"Constructive dismissal is a form of unfair dismissal slim" eh ? one is where you resign the other is where you are sacked how is one a form of the other ? [/quote]Constructive dismissal you treat yourself as being dismissed by the club. You don''t technically resign. Share this post Link to post Share on other sites