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Tribunal (Morton vs snake employers)


TONofmemories

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Nothing is normal, there's no precedent.

 

Claim upheld, Falkirk sanctioned. We can now chase compensation (should have already).

 

I'm quite certain we were waiting for the decision to go our way before springing on Falkirk. The League report is absolutely unequivocal that McKinnon and Taylor left during the protected period of their contract. (It's not clear on Henderson. We may get nothing for him.) Unless the snakes want to relitigate that, and lose again, they start any compensation tribunal from the position that they owe money.

 

I do wonder, who's actually liable to pay in this case? The employers, or the employees who resigned?

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Oh, and the tribunal implied, but stopped well short of saying, that McKinnon did indeed snake us out of the Zak Rudden signing.

Posted this a few weeks back that i had heard he was a factor in them being found guilty. Didn't add up.

 

We should be hounding these cunts for a substantial sum now that the fine to league has been decided. 

TIME FOR CHANGE!

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That's a great read, and a great insight into what went on. So that's McKinnon, Taylor, their agent, Henderson, and the Falkirk board all in the wrong. 

Is their Chairwoman not meant to be an employment lawyer as well? :lol: 

 

Always believed the Rudden signing would really work in our favour. It was rumoured at the time that he was in training and due to sign. He even tweeted when he signed for them that he was delighted it was FINALLY done. That says it all.

 

I hope we go after them now. £40,000 is fuck all. Although by the sounds of it there was no compensation figure mentioned in their contracts so we might be lucky to receive a penny.

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Really good read. Confirms snaking in a big way and in more ways that we knew. Didn't think it was Ray leading the drive to leave rather than Falkirk just inducing.

 

We should maybe be a little concerned that there is some truth in Ray's assertion that 'if Morton fans knew why I left they might understand' based on the fact that he had instructed his agent to sound his availability horn.

 

The fact they have been called out as thick for not understanding the contract, unimpressive and crystal clear snakes is nice.

 

Some good props toward Morton that everything was done correct and the contracts on the most part were fine. Some humble pie should be eaten by some on here for claiming the opposite.

 

The Rudden thing has got off lightly up to now but that was indeed a massive snaking too and oh how we could have used him up to now.

 

Hope Morton do indeed chase the compensation now.

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Really good read. Confirms snaking in a big way and in more ways that we knew. Didn't think it was Ray leading the drive to leave rather than Falkirk just inducing.

 

We should maybe be a little concerned that there is some truth in Ray's assertion that 'if Morton fans knew why I left they might understand' based on the fact that he had instructed his agent to sound his availability horn

I thought that as well. And he did have a point where he said he was only offered a one-year deal for a 3-year plan. We could've even offered a 2-year deal with clauses depending on position/performance and been able to bin him if things weren't going well, cheaply. 

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That's a great read, and a great insight into what went on. So that's McKinnon, Taylor, their agent, Henderson, and the Falkirk board all in the wrong. 

Is their Chairwoman not meant to be an employment lawyer as well? :lol:

 

Always believed the Rudden signing would really work in our favour. It was rumoured at the time that he was in training and due to sign. He even tweeted when he signed for them that he was delighted it was FINALLY done. That says it all.

 

I hope we go after them now. £40,000 is **** all. Although by the sounds of it there was no compensation figure mentioned in their contracts so we might be lucky to receive a penny.

 

Why would we need to mention a compensation figure? We're entitled to the outstanding balance of McKinnon and Taylors' contracts.

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That's a great read, and a great insight into what went on. So that's McKinnon, Taylor, their agent, Henderson, and the Falkirk board all in the wrong.

Is their Chairwoman not meant to be an employment lawyer as well? :lol:

 

Always believed the Rudden signing would really work in our favour. It was rumoured at the time that he was in training and due to sign. He even tweeted when he signed for them that he was delighted it was FINALLY done. That says it all.

 

I hope we go after them now. £40,000 is **** all. Although by the sounds of it there was no compensation figure mentioned in their contracts so we might be lucky to receive a penny.

None listed but our claim for £100k was acknowledged by Falkirk before the snaking. At the least it should be the value of the contracts, so probably a bit less.

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I thought that as well. And he did have a point where he said he was only offered a one-year deal for a 3-year plan. We could've even offered a 2-year deal with clauses depending on position/performance and been able to bin him if things weren't going well, cheaply. 

 

An alternative view: the snake used this as justification after the fact for looking for a job elsewhere. Managers in Scotland very seldom sign on for more than 2 years. It beggars belief that he really thought he was effectively not under contract because Crawford had a "three year plan" and Ray was signed on for only the first of those.

 

You can indeed make a case for offering him a longer deal in the first place, but the idea that he had a point for breaching his contract is simply not true.

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None listed but our claim for £100k was acknowledged by Falkirk before the snaking. At the least it should be the value of the contracts, so probably a bit less.

 

I think it'll ultimately shake out as close to 65k. That's an educated guess.

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"We consider that ours is not the forum to consider whether compensation should be paid in a matter such as this. There are other fora at which such matters can be more appropriately raised, should some party or person decide to so seek. Whilst our powers of sanction are wide ranging, we decided that compensatory claims had not been sought here and were not within our remit when determining matters of rule breach brought by the governing body."

 

From the tribunal report.

 

 

A bizarre line to take when the available sanctions explictly state compensation as an option, and the reason why despite the tribunal essentially confirming Morton's version of events and saying Falkirk’s story was full of holes, in particular repeatedly stating words to the effect that McKinnon is an obvious liar, Falkirk can view this as a win in one sense. Despite being chastised in the verdict, they’re paying less than the value of the contracts of the staff they illegally approached as punishment, never mind less than they would have had to had they done things properly, and what they are paying isn’t going to a direct competitor. It’s a slap on the wrist that they’re probably secretly delighted with, despite continuing to publicly plead innocence.

 

Yes, we may now be able to recover compensation through other means, but it sets an odd precedent when offending clubs may not be forced to pay that compensation through a tribunal outwith the SPFL’s control. What’s to stop, say, Rangers poaching Steve Clarke with no regard for his contract in the knowledge that any financial sanction for tapping him will be less than the compensation Kilmarnock would demand anyway?

Brian Wake my Lord, Brian Wake

Brian Wake my Lord, Brian Wake

Brian Wake my Lord, Brian Wake

Oh Lord, Brian Wake

 

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At the outset, it should be acknowledged all at Morton acted appropriately and throughout the process have been honest in their representations. Compare this to Falkirk and our previous management team, who have been rightly outed as dishonourable liars who confessed to ignorance of both contract law and the SFA rulebook. As clear a ruling as the fans could have hoped for and one that highlights Falkirk as a club are devious manipulators of the truth - in hindsight they are welcome to McKinnon who the Tribunal stated offered evidence that lacked any credibility. The fine may not be at a penal level but appears a fair reflection of how the system works. The next step should be a clear statement from the Board that at a minimum they intend to pursue Falkirk and McKinnon for compensation for breach of contract and associated costs.

 

As for those in the know who claimed, when the truth came out, Morton would be embarrassed  :1eye: .

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At the outset, it should be acknowledged all at Morton acted appropriately and throughout the process have been honest in their representations. Compare this to Falkirk and our previous management team, who have been rightly outed as dishonourable liars who confessed to ignorance of both contract law and the SFA rulebook. As clear a ruling as the fans could have hoped for and one that highlights Falkirk as a club are devious manipulators of the truth - in hindsight they are welcome to McKinnon who the Tribunal stated offered evidence that lacked any credibility. The fine may not be at a penal level but appears a fair reflection of how the system works. The next step should be a clear statement from the Board that at a minimum they intend to pursue Falkirk and McKinnon for compensation for breach of contract and associated costs.

 

Correct. And I hope that this rouses Crawford and Warren a bit. They did the right thing by raising this with the League and seemingly conducted themselves superbly throughout the investigation. They have been vindicated. So hopefully this gives them the jolt they need to finish the job.

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