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Author Topic: BBC News: Paolo Di Canio's former coaching staff waiting on Swindon wages  (Read 14559 times)
RobertT

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« Reply #45 on: Thursday, March 7, 2013, 23:29:01 »

But that's looking at the contracts and the basics as the contract as the be all and end all, there's some employment law around the edges. 

You can send a letter to your employer saying you wish to resign and want payment for x amount for the rest of your contract. I've done it before for months and holiday pay. They don't have to say yes, that's where it gers legal.

You can serve the notice written into your contract of employment.  The employer can release you and pay off the notice, they owe you nothing else.  You can ask for whatever you like, they owe you what they owe you based on the contract.  If you do not serve notice and just walk, they can withold the notice payment as well, it's up to them to tell you not to turn up.
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deltaincline

« Reply #46 on: Thursday, March 7, 2013, 23:32:05 »

If where I was working had a change in management, and there'd been a complete change in the workings of the business which made me clearly unnecessary, then I wouldn't turn up either, but would still expect my pay off. Even through whatever I was allowed from my own resignation

Not sure how old you are, Ben. That statement comes over as you being stuck in the mind-set of the generation who think that they're entitled to compensation for every fucking thing that goes wrong in life.

PDC's backroom staff made a big thing about their loyalty to their boss (and by implication, didn't give a fuck about the club) when they fucked off after the Tranny game.

Muttering some smart-arsed comment about following PDC to Luton rings a bell....

Whatever, their loyalty clearly wasn't to STFC, to the fans of STFC or to the new STFC consortium, and going to the BBC with the 'story' is a fucking joke which smacks of a lack of class.

If they are still owed money, I'd expect the club to fuck them about and make them wait for it after the way they treated us.

They didn't give a flying fuck when they dropped the club in the shit, so why should the club fall over themselves for a couple of disloyal plebs who are trying to rinse a few more quid?

Fuck em.
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flammableBen

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« Reply #47 on: Thursday, March 7, 2013, 23:42:56 »

There's been a lot of "this sounds like your a generation of...." and shit like that which I don't appreciate.

Anyway.

Start off with I don't give a fuck about them.

I might be a left wing union bastard, I'm not actually sure if there's a coaching union, but it might be covered by the PFA.

If i'd been taken on by a management to do a job, but then the management and job change, as well as my position being actively replaced, then YES I would feel in my rights to fight for fair resignation with a good pay off. The fact that none of you would be is why all our work conditions are so shit.

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sonicyouth

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« Reply #48 on: Thursday, March 7, 2013, 23:56:03 »

I don't think the fact they've not received their wages is the issue here at all. The decision to go public with this after only a week and the following:

"We put a lot of work into the club and people must know that those who worked for the club, and left them at the top of the table, have not been paid by the new consortium.
"This is something not only wrong but also unfair. We gave everything for the cause, even if people try to cancel what Paolo Di Canio did.
"We have our family and we need to be paid for what we did."

Another instance of labouring the point that they left us at the top of the league, furthermore if it's just the backroom staff that hadn't been paid, why bring Di Canio into it? I'm going to assume that the "our family" bit refers to the staff as a group, due to the implication that it is the family that need to be paid.

I'm left with the impression that this is just further ammunition to use against the club if Di Canio does decide to do so. I feel uneasy at his silence since the legal action story broke as he was very swift to respond to everything prior to that.
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flammableBen

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« Reply #49 on: Thursday, March 7, 2013, 23:59:36 »

I don't think the fact they've not received their wages is the issue here at all. The decision to go public with this after only a week and the following:

"We put a lot of work into the club and people must know that those who worked for the club, and left them at the top of the table, have not been paid by the new consortium.
"This is something not only wrong but also unfair. We gave everything for the cause, even if people try to cancel what Paolo Di Canio did.
"We have our family and we need to be paid for what we did."

Another instance of labouring the point that they left us at the top of the league, furthermore if it's just the backroom staff that hadn't been paid, why bring Di Canio into it? I'm going to assume that the "our family" bit refers to the staff as a group, due to the implication that it is the family that need to be paid.

I'm left with the impression that this is just further ammunition to use against the club if Di Canio does decide to do so. I feel uneasy at his silence since the legal action story broke as he was very swift to respond to everything prior to that.

Or you could read it as Di Canio didn't give a fuck about any of his staff when he quit, and now they're using his name in the media because, well, it gets in the media.
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deltaincline

« Reply #50 on: Friday, March 8, 2013, 00:08:12 »

If i'd been taken on by a management to do a job, but then the management and job change, as well as my position being actively replaced, then YES I would feel in my rights to fight for fair resignation with a good pay off. The fact that none of you would be is why all our work conditions are so shit.

No offence intended by my comments about your generation, Ben. Just pointing out that a whole generation are currently growing up within the something-for-nothing / compo / ambulance chasing no-win-no-fee lawyers culture, which is distorting reality a tad.

Moving on...

Their boss was effectively calling out the club, or the potential new owners of the club at the time.

The gamble failed. Spectacularly.

PDC blinked first.

The remaining backroom staff were under contract with the club, presumably.

They either breached their contracts by quitting, or terminated them prematurely by doing so.

I would be amazed if they had a clause in their contracts which entitled them to walk away with a fat cheque in the event that their boss ever lost a game of bluff with his employer.

Work and employment conditions in this country is a whole new discussion mate ;-)

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RobertT

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« Reply #51 on: Friday, March 8, 2013, 00:25:24 »

Even if you are made redundant Ben, all you are entitled to is a bag of pork scratchings.

Nothing wrong with being a left wing commie.  It's like being a right wing christian fundamentalist with feelings.
« Last Edit: Friday, March 8, 2013, 00:28:48 by RobertT » Logged
flammableBen

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« Reply #52 on: Friday, March 8, 2013, 00:29:22 »

No offence intended by my comments about your generation, Ben. Just pointing out that a whole generation are currently growing up within the something-for-nothing / compo / ambulance chasing no-win-no-fee lawyers culture, which is distorting reality a tad.

Moving on...

Their boss was effectively calling out the club, or the potential new owners of the club at the time.

The gamble failed. Spectacularly.

PDC blinked first.

The remaining backroom staff were under contract with the club, presumably.

They either breached their contracts by quitting, or terminated them prematurely by doing so.

I would be amazed if they had a clause in their contracts which entitled them to walk away with a fat cheque in the event that their boss ever lost a game of bluff with his employer.

Work and employment conditions in this country is a whole new discussion mate ;-)




The beginning is obviously a debate for another thread, however tempted I am to call you out on it.

Where I disagree with your post is where you say "They either breached their contracts by quitting, or terminated them prematurely by doing so".

As I said up above, you can say what you want in a contract, but untenable working situations ( which I pointed out with the big 3 of: management change, owner change, actively looking for replacements ). Then you should have a way out, paid.
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flammableBen

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« Reply #53 on: Friday, March 8, 2013, 00:39:12 »

Maybe if they wanted the workers rights I'm sticking up for, then they shouldn't have chucked their luck in with such a fascist?
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deltaincline

« Reply #54 on: Friday, March 8, 2013, 00:41:15 »

As I said up above, you can say what you want in a contract, but untenable working situations ( which I pointed out with the big 3 of: management change, owner change, actively looking for replacements ). Then you should have a way out, paid.

Management change: Tough shit. Get used to it. Doesn't entitle either side to quit on employment contract.
Owner Change: Look up TUPE laws.
Actively looking for replacements: AFAIK, the club were not looking to replace the back room staff, were they? It was just the manager.
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flammableBen

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« Reply #55 on: Friday, March 8, 2013, 00:54:17 »


Management change: Tough shit. Get used to it. Doesn't entitle either side to quit on employment contract.
Owner Change: Look up TUPE laws.
Actively looking for replacements: AFAIK, the club were not looking to replace the back room staff, were they? It was just the manager.
As far as you know the club weren't looking to replace the backroom team?

Is that a realistic statement to make? Did the new board, the old board, di canio, the team themselves, or the fans, expect anything different? We all new they were gone.
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supermarioTV
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« Reply #56 on: Friday, March 8, 2013, 02:22:10 »

I agree. But I think going to the press after a few days when it could all be sorted behind closed doors is a bit unnecessary. It doesn't take going to the press. If they're legally entitled to money, they should go to lawyers who will get it for them.

It was also a bit unnecessary when someone at the club went to the press and informed them that PDC had broke into club, so they can hardy be surprised when the favour is returned, you reap what you sow.   
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yeo

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« Reply #57 on: Friday, March 8, 2013, 02:24:27 »

They are owed ,pay them .
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« Reply #58 on: Friday, March 8, 2013, 05:58:08 »

They are owed ,pay them .

This. And only this.
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Tout ce que je sais de plus sūr ą propos de la moralité et des obligations des hommes, c'est au football que je le dois. - Albert Camus
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« Reply #59 on: Friday, March 8, 2013, 07:18:49 »

I think you're jumping to all sorts of assumptions in regard to their contracts Ben. Even the staff themselves are only asking to be paid up to the day they worked.
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