Filed: Tuesday, 3rd November 2009
By: Staff Writer
Former West Ham manager Alan Curbishley has won his case for wrongful dismissal.
Curbishley - who walked out on the club in September 2008 after claiming that the board has sanctioned the sale of key players against his wishes - told the court how he was undermined by the decision to sell squad members such as George McCartney and Anton Ferdinand.
The court agreed that sole authority over player sales should have been Curbishley's - and in agreeing found against West Ham United who now stand to face a bill of several million pounds in damages.
Curbishley, talking on http://www.leaguemanagers.com following the successful outcome of a case that will leave him several million pounds richer but the club in even more dire financial straits, said:
“I am obviously delighted with this result. I very much enjoyed my time at West Ham and never wanted to leave, but on joining the Club I insisted that my contract contained a clause confirming that I would have final say on the selection of players to be transferred to and from the Club.
"The Club completely ignored my contract when selling Anton Ferdinand, and when George McCartney was then sold, the Club having given me assurances that no players would be leaving after the sale of Anton Ferdinand, I had no alternative but to resign.
My authority and integrity were undermined and my position was made untenable. I now wish to put this entire matter behind me. I would like to thank the LMA, my lawyers, Mike Morrison of Hill Dickinson, and Paul Gilroy QC, for all of their support and for the hard work they put in on my behalf in order to help me achieve this outcome”.
League Managers Association Chief Executive Richard Bevan added: “Naturally we are delighted with the outcome for Alan but, at the same time, sorry that he wasn’t able to continue at West Ham United, a club that has played such a prominent part in his professional career both as a player and manager.
"The findings of the Tribunal demonstrate the critical importance of respecting contracts which need to set out the roles and responsibilities of the parties in clear and unequivocal terms."
It has also been revealed that West Ham attempted to counter-sue Curbishley as a result of his walk-out for the costs incurred by hiring a replacement management team (Gianfranco Zola and Steve Clarke). That plea was rejected by the court; West Ham United are yet to comment.
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by WH Winegarden
02:55PM 5th Nov 2009
''Easy solution to this problem, sack the forever incompetent Scott Duxbury, he has brough us nothing but trouble and shame since his arrival!''
01:30PM 4th Nov 2009
''Fair play Curbs. Don't think you was our greatest manager but with the board selling and potentially leaving us with massive problems at the time regardless of what the team needed and just to line their pockets I think it's justified that you had the final say.''
09:23AM 4th Nov 2009
''It's only what the Icelandic trailer trash deserve. They never do anything on the up and up - it's always on the sly, cloak and dagger. If they had simply been up front with them in the first place and agreed a compensation deal to mutually terminate Curbishley's contract it would have been far cheaper for the club and saved lots of time and energy.
One act of muppetry after another by these miserable excuses for owners. They are the absolute scum of the earth and are unfit own a Premier League football club. Sell up now and take your culture of failure back to Iceland where it belongs.''
by Charlie in Busan
08:13AM 4th Nov 2009
''I appreciate it's put us even further up the creek, but I can't blame him for it. He was shafted by the club and in my opinion has done the right thing here. I'm sorry, Alan. I'm sorry that our club and your club behaved like this.''
07:28AM 4th Nov 2009
''Good job Curbs. I liked you as a manager and totally agree with you. Brainless selling of players must stop.''
by durham iron
05:22AM 4th Nov 2009
''was there ever ANY DOUBT that curbs would win this one? Those Icelanders have a lot to answer for.''
by Mark Cleminson
01:19AM 4th Nov 2009
''Let's face it. No matter what has happened on the playing field, the management have displayed nothing but incompetence over the last 15 years. I'm not saying they should be fired. I am saying that they should be hanged. Thus the corporate world, populated largely by inept people in suits spoils all around them.''
06:03PM 3rd Nov 2009
''Not a great fan of Mr Curbishley as a manager although was a fan of him as a player and his association with the club. The cost here is not down to Mr C, it is entirely down to the employer. To disregard a written clause laden contract of employment means you will lose in Court.
As an employer myself it is obvious that the employee is going to win and as for counter claims, obviously a really good idea probably proposed by the Club's defence lawyer who might just have had a modicum of self interest when he suggested it. What a waste of my season ticket money.
We all have contracts of employment and if the bosses try to shaft us we will fight for our rights - sensible thing to have done was pay him off and save the fees.''
by Antonio Adamis
04:36PM 3rd Nov 2009
''West Ham should have counter sued for Curbs signing Quashie and Dyer! ''
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