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BREAKING NEWS : STEVE BRUCE RESIGNS


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3 minutes ago, Minton said:

You do realise it's not like he's tearing up his contract right? He's resigning from managing the club, the contract is still in place and Newcastle will still have to pay compensation to release him from it, or he will simply be placed on gardening leave, unable to sign a new contract with a new employer, same as if we sacked him.

 

So we'd still have to pay their wages? All three of 'em

As well as the team of lawyers we'd need to sort it all out?

 

Meanwhile, Ashley shrugs it off and targets some other gullible tw@

 

:angry:

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1 minute ago, ElsecarOwl said:

Yes.

Basically he's on a 1 year rolling contract, so potentially if DC refuses to release him from it, he's basically in no mans land for 12 months. IMO

 

1 minute ago, bigrbuk said:

Gardening leave means we pay him though right? I'd rather not give him a single penny more if this is all true

 

https://www.lawinsport.com/topics/sports/item/football-manager-contracts-of-employment-an-analysis-of-key-clauses-for-clubs-to-consider-part-2

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1 minute ago, SallyCinnamon said:

 

This.

 

At times like this we could really have done with Katrien Meire still at the club. Seriously. 

 

The compensation clause is the price of buying out the contract. They are not two different things.

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2 minutes ago, SallyCinnamon said:

 

This.

 

At times like this we could really have done with Katrien Meire still at the club. Seriously. 

Paul Aldridge. He would make Ashley and Bruce look like mugs. 

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GARDEN LEAVE

A Club can attempt to hold a Manager who is being courted by a rival Club to his contractual notice period (or to the end of his fixed term, if the Contract is expressed in that way). However, in such circumstances, relationships will often become strained, and the Manager’s current Club will typically not want the Manager to remain involved in the team’s day-to-day affairs. In such circumstances, and provided the Manager’s Contract contains the appropriate provisions, his Club can seek to place him on “garden leave”. English courts are reluctant, on grounds of public policy, to allow employers (including Clubs) to put their employees on garden leave for periods longer than six to twelve months1. However, the tactic of placing a Manager on garden leave is commonly used to delay the Manager’s departure to the rival Club, and to increase the compensation being offered for him, rather than stopping his move happening at all.

The effectiveness of this strategy was seen in 2001, in the case of Steve Bruce, who wanted to leave Crystal Palace to join Birmingham City. Less than a year into his Palace Contract (which, amongst other things, provided for a nine-month notice period, and also contained a garden leave clause), Bruce attempted to resign with immediate effect, but Palace rejected that resignation (which would have amounted to a breach of contract), and sought to keep the Contract alive, by continuing to pay Bruce and honouring the Club’s contractual obligations to him. Palace sought an injunction from the High Court to enforce Bruce’s garden leave provision against him and, on the facts of that case, that injunction was granted2. Less than a month later, Palace did allow Bruce to join Birmingham, but only after Birmingham had increased their offer of compensation (allegedly from £250k to nearer the £1m Palace wanted)3.

An almost identical scenario played out in 2003 when Alan Pardew sought to leave Reading to join West Ham United. In that case, a deal was agreed at the door of the court, pursuant to which Pardew agreed to (i) remain on garden leave for a month, (ii) not employ any of Reading’s staff or players until the end of the season, and (iii) give an undertaking not to use or disclose Reading’s confidential information. West Ham also agreed to pay Reading compensation of £380k4.

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we need to move on as quickly as possible, it may mean negotiating a smaller settlement than what we are looking for.

 

Unfortunately in football bigger fish hold all the trump cards, and if they want your player or as in this case our manager they will get them.

 

If I was a Newcastle fan I would be disgusted with his appointment as it shows a real lack of ambition.

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4 minutes ago, WC1Owl said:

 

Doesn't change anything until and unless Chansiri agrees to terminate his contract. Chansiri's obvious move is to put him on gardening leave, take out an injunction to stop him joining Newcastle, and start the process of appointing a replacement. The only grey area is if appointing a replacement would amount to constructive dismissal. 

I seriously doubt it. Bruce has resigned, we refuse to accept it (presumably). He refuses to carry out his duties so we must find a replacement.

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