Source: Telegraph
Alan Curbishley wins constructive dismissal case against West Ham
Curbishley said that his 'authority and integrity" had been undermined after his claim of wrongful dismissal against West Ham was unanimously upheld by the Managers' Arbitration Tribunal of the Premier League. [LNB]Curbishley resigned at the beginning of the 2008-09 season after the club sold Anton Ferdinand and subsequently George McCartney to Sunderland against his wishes. The tribunal, which has yet to set the level of compensation, upheld Curbishley's right to have ultimate sole authority in relation to the sale and purchase of players, found that the conduct of the club amounted to a fundamental breach of contract and that Curbishley was therefore entitled to resign.[LNB] Related ArticlesCurbishley's exit was a principled resignationCurbishley resigns as West Ham managerRoman Pavlyuchenko wanted by West HamSteve Bruce fury over 'play-acting'Police sorry for West Ham football riot actors blunderSunderland 2 West Ham United 2The Tribunal also dismissed the club's counterclaim relating to the cost of employing Gianfranco Zola and his assistant, Steve Clarke. Compensation will now be assessed but could be substantial.[LNB]Curbishley 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.[LNB]'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.[LNB]'My authority and integrity were undermined and my position was made untenable. I now wish to put this entire matter behind me.'[LNB]The Premier League confirmed that the tribunal found that the conduct of West ham amounted to a 'fundamental breach' of a service agreement Curbishley had that stated 'the manager alone shall select players (for the club) to transfer to and from the club'.[LNB]West Ham had denied that it acted in repudiatory breach and that Curbishley was entitled to leave the club. The club claimed that Curbishley was himself in breach of the service agreement and counter-claimed compensation but the tribunal found that the conduct of the club amounted to a 'fundamental breach of the clause' and a 'repudiation of his contract'.[LNB]The damning verdict from the tribunal added: 'The Tribunal also found that there was another clause in the service agreement which was specifically designed to avoid this situation arising.[LNB]'Clause 5 (1)(c) provided that the manager had to carry out a 'reasonable order or direction' given to him 'by the Board' or given to him 'by the Board through the Deputy Chief Executive'. The club never exercised this power nor followed this procedure.[LNB]'The executive directors erroneously attempted to override the manager's contractual right by selling the players against his wishes.'[LNB]Richard Bevan, the chief executive of the League Managers Association, said: '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. [LNB]'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'.[LNB]
