Sat May 10, 2014 8:08 am
Sat May 10, 2014 8:16 am
castleblue wrote:That MM had to pay his own Legal expenses after dropping his claims against Cardiff City Football Club having reached a "Settlement Agreement" with the club.
The statement issued by MM yesterday was issued by his Lawyers - Slater & Gordon, so who are they? If you look on the website of the League Managers Association you will find this Company listed as the "Legal Partners" of the LMA. Like any other Trade Association or Trade Union the LMA offer members Legal services covering any number of issues when required and at no cost to the member.
http://www.leaguemanagers.com/members/services-94.html
So MM never had to pay a penny to the Legal Team representing him and I have no doubt that the club has made a contribution to the costs of drawing up the settlement agreement with MM Legal representatives i.e. Slater & Gorden.
The Mail also reported that as part of the settlement agreement that MM received no compensation Hmmm. Well Slater & Gorden describe "Settlement Agreements" as;
The basis of a Settlement Agreement is that the employer offers you further financial compensation or another incentive, usually beyond your contractual entitlement, to enter into the settlement agreement. In turn, by signing the agreement you give up your right to bring an employment-related claim against your employer.
If negotiated properly, a compromise agreement can be a very effective way to ensure that you are adequately compensated for the termination of your employment without the need to bring a formal claim against your employer, which can be expensive and time-consuming.
At no stage has the club denied that a Settlement Agreement has been reached so how the Daily Mail can report that NO COMPENSATION was received by MM, in my opinion, beggars belief.
As regards any apology what exactly did MM apologise for, nothing in my opinion, he just made a broad brush stroke statement full of if's, but's and maybe. We all know VT is big on apologies as didn't he say in an interview a while back that fans should apologise to him.
Anyone still believe what the Daily Mail said yesterday.
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Sat May 10, 2014 8:18 am
Sat May 10, 2014 8:26 am
Sat May 10, 2014 8:29 am
CraigCCFC wrote:I think its fair to say there was wrong on both sides. Its just the refusal by some to think Malky may not have been whiter than white that is so ridiculous.
Sat May 10, 2014 8:32 am
CraigCCFC wrote:I think its fair to say there was wrong on both sides. Its just the refusal by some to think Malky may not have been whiter than white that is so ridiculous.
Sat May 10, 2014 8:43 am
castleblue wrote:CraigCCFC wrote:I think its fair to say there was wrong on both sides. Its just the refusal by some to think Malky may not have been whiter than white that is so ridiculous.
Craig I don't think MM was whiter than white and I believe that he should have gone a lot earlier than he eventually did but, having said that he should have gone for making a mess of the transfer spending and not any alledged back handers.
Look you are clearly no idiot so do you think MM ever faced a legal bill or were his Lawyers appointed by the LMA to act of behalf of MM ?
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Sat May 10, 2014 8:49 am
castleblue wrote:That MM had to pay his own Legal expenses after dropping his claims against Cardiff City Football Club having reached a "Settlement Agreement" with the club.
The statement issued by MM yesterday was issued by his Lawyers - Slater & Gordon, so who are they? If you look on the website of the League Managers Association you will find this Company listed as the "Legal Partners" of the LMA. Like any other Trade Association or Trade Union the LMA offer members Legal services covering any number of issues when required and at no cost to the member.
http://www.leaguemanagers.com/members/services-94.html
So MM never had to pay a penny to the Legal Team representing him and I have no doubt that the club has made a contribution to the costs of drawing up the settlement agreement with MM Legal representatives i.e. Slater & Gorden.
The Mail also reported that as part of the settlement agreement that MM received no compensation Hmmm. Well Slater & Gorden describe "Settlement Agreements" as;
The basis of a Settlement Agreement is that the employer offers you further financial compensation or another incentive, usually beyond your contractual entitlement, to enter into the settlement agreement. In turn, by signing the agreement you give up your right to bring an employment-related claim against your employer.
If negotiated properly, a compromise agreement can be a very effective way to ensure that you are adequately compensated for the termination of your employment without the need to bring a formal claim against your employer, which can be expensive and time-consuming.
At no stage has the club denied that a Settlement Agreement has been reached so how the Daily Mail can report that NO COMPENSATION was received by MM, in my opinion, beggars belief.
As regards any apology what exactly did MM apologise for, nothing in my opinion, he just made a broad brush stroke statement full of if's, but's and maybe. We all know VT is big on apologies as didn't he say in an interview a while back that fans should apologise to him.
Anyone still believe what the Daily Mail said yesterday.
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Sat May 10, 2014 8:52 am
CraigCCFC wrote:castleblue wrote:CraigCCFC wrote:I think its fair to say there was wrong on both sides. Its just the refusal by some to think Malky may not have been whiter than white that is so ridiculous.
Craig I don't think MM was whiter than white and I believe that he should have gone a lot earlier than he eventually did but, having said that he should have gone for making a mess of the transfer spending and not any alledged back handers.
Look you are clearly no idiot so do you think MM ever faced a legal bill or were his Lawyers appointed by the LMA to act of behalf of MM ?
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I know you dont believe Malky was whiter than white, that wasnt aimed toward you, it was a more general audience.
If a trade union appoints solicitors to act on behalf of a member then they believe they have a case and will charge the union the fees. IF during mediation evidence comes to light that the member has either lied, purposefully witheld important information then the union can refuse to pay and the member foots the bill.
In no way am I saying this is what happened regarding Malky, this is how union/solicitor relationships work.
Sat May 10, 2014 8:57 am
simon.wiesenthal wrote:castleblue wrote:That MM had to pay his own Legal expenses after dropping his claims against Cardiff City Football Club having reached a "Settlement Agreement" with the club.
The statement issued by MM yesterday was issued by his Lawyers - Slater & Gordon, so who are they? If you look on the website of the League Managers Association you will find this Company listed as the "Legal Partners" of the LMA. Like any other Trade Association or Trade Union the LMA offer members Legal services covering any number of issues when required and at no cost to the member.
http://www.leaguemanagers.com/members/services-94.html
So MM never had to pay a penny to the Legal Team representing him and I have no doubt that the club has made a contribution to the costs of drawing up the settlement agreement with MM Legal representatives i.e. Slater & Gorden.
The Mail also reported that as part of the settlement agreement that MM received no compensation Hmmm. Well Slater & Gorden describe "Settlement Agreements" as;
The basis of a Settlement Agreement is that the employer offers you further financial compensation or another incentive, usually beyond your contractual entitlement, to enter into the settlement agreement. In turn, by signing the agreement you give up your right to bring an employment-related claim against your employer.
If negotiated properly, a compromise agreement can be a very effective way to ensure that you are adequately compensated for the termination of your employment without the need to bring a formal claim against your employer, which can be expensive and time-consuming.
At no stage has the club denied that a Settlement Agreement has been reached so how the Daily Mail can report that NO COMPENSATION was received by MM, in my opinion, beggars belief.
As regards any apology what exactly did MM apologise for, nothing in my opinion, he just made a broad brush stroke statement full of if's, but's and maybe. We all know VT is big on apologies as didn't he say in an interview a while back that fans should apologise to him.
Anyone still believe what the Daily Mail said yesterday.
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so your saying a settlement agreement HAS to involve compensation.............
Sat May 10, 2014 9:06 am
castleblue wrote:CraigCCFC wrote:castleblue wrote:CraigCCFC wrote:I think its fair to say there was wrong on both sides. Its just the refusal by some to think Malky may not have been whiter than white that is so ridiculous.
Craig I don't think MM was whiter than white and I believe that he should have gone a lot earlier than he eventually did but, having said that he should have gone for making a mess of the transfer spending and not any alledged back handers.
Look you are clearly no idiot so do you think MM ever faced a legal bill or were his Lawyers appointed by the LMA to act of behalf of MM ?
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I know you dont believe Malky was whiter than white, that wasnt aimed toward you, it was a more general audience.
If a trade union appoints solicitors to act on behalf of a member then they believe they have a case and will charge the union the fees. IF during mediation evidence comes to light that the member has either lied, purposefully witheld important information then the union can refuse to pay and the member foots the bill.
In no way am I saying this is what happened regarding Malky, this is how union/solicitor relationships work.
That all fair enough Craig and I agree that if something came to light during the mediation process then in this case, the LMA, may have withdrawn it's financial support. But did it do that ? Afterall the statement yesterday was issued by Slater & Gordon so the LMA Legal partners were involved through to the completion of the settlement agreement. In my opinion that's a clear indication that nothing came to light during the mediation process that could have affected the involement of the LMA Legal team.
On that basis it pours scorn on the Daily Mail claim that MM had to pay his own legal bills and that being the case what else did the Daily Mail get wrong ?
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Sat May 10, 2014 9:16 am
Sat May 10, 2014 9:20 am
castleblue wrote:CraigCCFC wrote:I think its fair to say there was wrong on both sides. Its just the refusal by some to think Malky may not have been whiter than white that is so ridiculous.
Craig I don't think MM was whiter than white and I believe that he should have gone a lot earlier than he eventually did but, having said that he should have gone for making a mess of the transfer spending and not any alledged back handers.
Look you are clearly no idiot so do you think MM ever faced a legal bill or were his Lawyers appointed by the LMA to act of behalf of MM ?
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Sat May 10, 2014 9:29 am
Sat May 10, 2014 9:30 am
Sat May 10, 2014 9:34 am
Arrow wrote:A settlement doesn't have to mean money changing hands
Sat May 10, 2014 9:40 am
CraigCCFC wrote:When entering an SA you cannot take further action regarding the matter. You are bound to that by law so there is no seperate agreement needed for that.
Having notice period paid is pretty standard when SA's are used. Its the fact Malky dropped his claims on unfair dismissal when it would have had no effect on future jobs. Even if he had a restrictive covenant in his contract it would be null and void if the employer breached the contract of employment, which is what Malky claimed by pursuing unfair dismissal.
The apology was very submissive, coupled with Moody's makes Malky look terrible. Why would you apologise if you have done nothing wrong? Why drop everything and lose a potential few million windfall. Remember, an ET or civil court is based on probability not certainty...........
something doesnt sit right
Sat May 10, 2014 9:53 am
Sat May 10, 2014 9:55 am
At no stage has the club denied that a Settlement Agreement has been reached so how the Daily Mail can report that NO COMPENSATION was received by MM, in my opinion, beggars belief.
Sat May 10, 2014 10:00 am
2blue2handle wrote:The pathetic apology says it all for me. What kind of man with any self respect would take a previous employeer for unfair dismissal and them release a pathetic apology like that.
Wanting the Norwich job makes no difference. It puts malky a very bad light to the vast majority so anyone who thinks he did this of his own kind will is mad.
Sat May 10, 2014 10:03 am
Bakedalasker wrote:2blue2handle wrote:The pathetic apology says it all for me. What kind of man with any self respect would take a previous employeer for unfair dismissal and them release a pathetic apology like that.
Wanting the Norwich job makes no difference. It puts malky a very bad light to the vast majority so anyone who thinks he did this of his own kind will is mad.
A lot of dirty washing has come out of this and its all been from the club.
Malky has apologised IF he has caused offence. The word IF being the operative here. Basically he is making it clear that was not his intention.
Sat May 10, 2014 10:05 am
Sat May 10, 2014 10:07 am
Sat May 10, 2014 10:13 am
2blue2handle wrote:Bakedalasker wrote:2blue2handle wrote:The pathetic apology says it all for me. What kind of man with any self respect would take a previous employeer for unfair dismissal and them release a pathetic apology like that.
Wanting the Norwich job makes no difference. It puts malky a very bad light to the vast majority so anyone who thinks he did this of his own kind will is mad.
A lot of dirty washing has come out of this and its all been from the club.
Malky has apologised IF he has caused offence. The word IF being the operative here. Basically he is making it clear that was not his intention.
Oh come on Ian, do you think he wanted to release that pathetic statement? And did so of his own accord just to be nice?
Sat May 10, 2014 10:14 am
hgb123 wrote:At no stage has the club denied that a Settlement Agreement has been reached so how the Daily Mail can report that NO COMPENSATION was received by MM, in my opinion, beggars belief.
Are you suggesting that the only way the Daily Mail could have any information on this settlement is from a Cardiff City FC press release? That's very naive.
Sat May 10, 2014 10:18 am
Sat May 10, 2014 10:20 am
BillyLiar wrote:If I was Malky Mackay. I would ask myself why on earth would I drop a compensation claim against my former employers worth potentially (if you listen to the media) anything between £2 million and £7 million to myself and have to pay legal fees in the tens of thousands of pounds (if not more) no doubt and then embarrassingly have to make an unreserved apology to said previous employer? Answer simple!!! -because said employer has something on me to counter any possible claim. Who knows what that something is but it must be something very serious to drop a multi million pound compensation case. Have Malky and Moody been naughty boys while under the employment of Cardiff City Football club? I know what I think but I leave you all to draw your own conclusions!!!
Sat May 10, 2014 10:22 am
Bakedalasker wrote:BillyLiar wrote:If I was Malky Mackay. I would ask myself why on earth would I drop a compensation claim against my former employers worth potentially (if you listen to the media) anything between £2 million and £7 million to myself and have to pay legal fees in the tens of thousands of pounds (if not more) no doubt and then embarrassingly have to make an unreserved apology to said previous employer? Answer simple!!! -because said employer has something on me to counter any possible claim. Who knows what that something is but it must be something very serious to drop a multi million pound compensation case. Have Malky and Moody been naughty boys while under the employment of Cardiff City Football club? I know what I think but I leave you all to draw your own conclusions!!!
Perhaps they settle for the full amount with a caveat that an apology of some sort was given. If you were offered that what would you do?
Sat May 10, 2014 10:33 am
Bakedalasker wrote:BillyLiar wrote:If I was Malky Mackay. I would ask myself why on earth would I drop a compensation claim against my former employers worth potentially (if you listen to the media) anything between £2 million and £7 million to myself and have to pay legal fees in the tens of thousands of pounds (if not more) no doubt and then embarrassingly have to make an unreserved apology to said previous employer? Answer simple!!! -because said employer has something on me to counter any possible claim. Who knows what that something is but it must be something very serious to drop a multi million pound compensation case. Have Malky and Moody been naughty boys while under the employment of Cardiff City Football club? I know what I think but I leave you all to draw your own conclusions!!!
Perhaps they settle for the full amount with a caveat that an apology of some sort was given. If you were offered that what would you do?
Sat May 10, 2014 10:41 am
castleblue wrote:Bakedalasker wrote:BillyLiar wrote:If I was Malky Mackay. I would ask myself why on earth would I drop a compensation claim against my former employers worth potentially (if you listen to the media) anything between £2 million and £7 million to myself and have to pay legal fees in the tens of thousands of pounds (if not more) no doubt and then embarrassingly have to make an unreserved apology to said previous employer? Answer simple!!! -because said employer has something on me to counter any possible claim. Who knows what that something is but it must be something very serious to drop a multi million pound compensation case. Have Malky and Moody been naughty boys while under the employment of Cardiff City Football club? I know what I think but I leave you all to draw your own conclusions!!!
Perhaps they settle for the full amount with a caveat that an apology of some sort was given. If you were offered that what would you do?
Ian you and I both know that if MM had resigned when VT had asked him to one of two things would have happened;
1: MM would have continued as manager of Cardiff City FC until he had worked his notice period or;
2: Cardiff City would have allowed him to leave immediately and paid him in lieu of notice. A.K.A Gardening Leave.
MM wasn't prepared to leave on either of that basis so he waited to be sacked and has now agreed a payment probably somewhere between his minimum notice period and the full value of his contract. The lame attempt at an apology just muddies the waters as far as I'm concerned. Just a case of MM doing what he had to do to get as much money in his departure bag as possible.
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