Adver News: Bodin may sue Swindon over Di Canio's treatment

[Barnard]

This all points to an employee that appears to have breached the Obligation of Mutual Trust between the employer and employee through public criticism of the employer and alleged poor treatment of another senior employee.

This is what the ever reliable wikipedia has to say on the subject.

"This concept relates to a new but highly important concept in employment law, and constitutes a term that is implied into all employment contracts. The implied term means that both the employer and employee should behave in such a way as to not undermine the employment relationship.
 
Academics now talk of the duty of good faith in the employment relationship. (i.e. both parties should "look out" for each other)
 
It is such an important issue that this implied term can override (in certain circumstances) an express term of the employment contract"

[Power to people]

If this is really the case and PB is considering suing the club then I cannot see how he can be welcomed bac kespecially id he goes through with his threat he would be looked on as the blokse that sued STFC and be tarred with that brush during his employment.

Is his contract not up the end of the season, I vaguely remember him threatening to leave to be Lingy's No 2 and the board offered him a contract as he had been working without one.

I think KMAC should be free to appoint his own staff throughout the club if he feels it is right to work with people he knows or knows their reputation

[horlock07]

Ultimately the club as employer would have had a duty of care to the employee to ensure that he worked without duress and distress etc. Therefore if PB felt that they failed to adhere to this then potentially he does have a case, however....

Firstly I suppose that we don't know what happened behind the scenes, did he ever formally riase a concern and thus were the club formally aware of the problem and given chance to address as without this it seems odd to go straight to litigation.

Secondly, when was he given the Torquay chance, wasn't this after the appointment of PdC and the incidents mentioned above, again it obviously wasnt so bad if he happliy signed a contract and stayed.

The timing all seems very odd, waiting until PdC left and the board changed, at first glance it appears a little cowardly but to look at it a different way, and put the cat amongst the pigeons...

What if PB knows that the new board actually do have substantial money to settle a claim whilst those who left didn't......

 

[Berniman]

I discuss all these things with other people on the forum but do not post it, this can be verified by a lot of people on here.

I post nothing that I am told in private.

I concur

[Bumpkin]

I think KMAC should be free to appoint his own staff throughout the club if he feels it is right to work with people he knows or knows their reputation

I often fear giving manager's a free reign to appoint their own staff.  We have been damaged by this a few times at either end of the spectrum.

I.e Dave Byrne acting as Danny Wilson's assistant, didn't work very well.
I think a first team manager should have a say on their immediate staff, assistant, fitness coach, possible scouting network, there needs to be a limit on this.

However, Steve McMahon brought in his own staff and continued to remove other long established staff at STFC in favour of his mates.  

Again PDC pretty much did the same, when he resigned, we had no-one really available to act as a caretaker manager, (it would and should have been PB but due to his Industrial Dispute, this could not be facilitated).

[horlock07]

But do we actually know that PB was/is (is he still actually here?) doing a good job, I don't buy into the whol 'we owe him as he was a legend as a player' argument, he should be judged on his own merits, I would also say that KMac has a good judge of what makes a good yoof coach.

[Simon Pieman]

My gripe is why this has only come about now. To me it seems like a snap decision because he knows a pay off is the only way to settle and prevent the embargo dragging on.

[Bumpkin]

The only way PB can be judged is by the talent that comes through.  Currently the Thompson brothers?

[@MacPhlea]

Maybe its a gentle reminder to PDC that STFC could also counter his legal action with there own (or a 3rd party could ??)

You've been reading between the lines haven't you

[jonny72]

Not sure how PDC could get held accountable for this, provided everyone involved were employees the responsibility lies solely with the employer - preventing things like this from happening and then dealing with them when they do. Unfortunately I can well believe things like this would have been allowed to happen and glossed over.

Guess it could be  factor if PDC sues for constructive dismissal though.

[Frigby Daser]

You've been reading between the lines haven't you

If that is the case then McCrory's legal advice is as good as his spelling. That's a ridiculous tactic. It's the club's responsibility to act and discipline PDC. If they failed to act when he was employed, they'll not be able to bring that rabbit out of the hat now.

[Dr Pierre Chang]

But do we actually know that PB was/is (is he still actually here?) doing a good job, I don't buy into the whol 'we owe him as he was a legend as a player' argument, he should be judged on his own merits, I would also say that KMac has a good judge of what makes a good yoof coach.

Fucking spot on, and so far not one of his youth players have managed to break into and stay in the first eleven.

Nathan Thompson signed pro forms when Byrne was Under 18 manager I believe? No one else has been a first team regular from the youth team in recent years from what I can remember.

[jonny72]

Nathan Thompson signed pro forms when Byrne was Under 18 manager I believe?

Nope. Byrne moved to the first team at the end of November 2007, then was head of player development for the 09/10 season. Thompson signed his first pro contract at the end of the 08/09 season.

I guess Bodin could claim; both Thompsons, Oakley, Storey, Bedwell, Bodin, Waldon and Ferguson.

[Dr Pierre Chang]

Nope. Byrne moved to the first team at the end of November 2007, Thompson signed pro contract in the summer of 2009.

Was Bodin Under 18 manager at the time? For some reason I don't recall him being in that role for too long.

[jonny72]

Was Bodin Under 18 manager at the time? For some reason I don't recall him being in that role for too long.

Yes.

http://www.swindontownfc.co.uk/news/article/staffprofilebodin-293985.aspx