[Archived] Kean wants 1.5 mil compo

[chaddyrovers]

http://www.thesun.co.uk/sol/homepage/sport/football/4600556/Kean-wants-cash-after-Rovers-axe.html

http://www.dailystar.co.uk/posts/view/278218/Steve-Kean-wants-1-5m-compensation/

[Stuart]

Kean him.

Lets see the Kean in court.

Keaning Kean. FKS.

[Muddboy]

Scumbag of the highest order.

Hope they tell him where to go.

[Stuart]

On a "rolling one-year contract" now on a salary of £1.5m P.A., eh? Changes every week.

[Waggy76]

Go to court and quote his win percentage ratio .....

Case dismissed !

[Emge]

Right, Im not going to be popular for saying this - but I reckon Steve Kean could spill plenty of beans about the owners and the club that would not be very good for the reputation of the club (if it isnt completely ruined yet). So its probably better for him to just get paid up and thrown into oblivion and never be seen again.

[RevidgeBlue]

Only 1.5m?

Philip assured us he has a cast iron contract for 14.5m big ones tucked away in his back pocket.

Interesting to see the newspaper's slant on the story though - like Kean would be doing us a massive favour by agreeing to settle out of Court.

Go to court and quote his win percentage ratio .....

Case dismissed !

To be fair, Eric Black is hardly helping us in that respect.

[Waggy76]

Right, Im not going to be popular for saying this - but I reckon Steve Kean could spill plenty of beans about the owners and the club that would not be very good for the reputation of the club (if it isnt completely ruined yet). So its probably better for him to just get paid up and thrown into oblivion and never be seen again.

I disagree , all the crap will hit the fan one day !

Kean is up to his neck in it as well, he would get sweet F A from me and I would see him in court ..

Also , big Sam will take him to the cleaners too..

[47er]

The slimy little rat. But we all knew that eh? Good luck Sam!

[Waggy76]

Only 1.5m?

Philip assured us he has a cast iron contract for 14.5m big ones tucked away in his back pocket.

Interesting to see the newspaper's slant on the story though - like Kean would be doing us a massive favour by agreeing to settle out of Court.

To be fair, Eric Black is hardly helping us in that respect.

I agree with you on that score ..

But who signed the players ? ?

The new Rooney , Irwin , Smalling etc etc

[The_Expert]

He has some neck, but no balls. I wonder what breach of contract he feels he can bring to the table. Surely the breach of contract was the other way, when he a) brought the club into disprepute (several time) failed to deliver against performance targets and c) refused to cooperate with the reasonable instructions of officers of the business..

See ya in court, you no mark.

You may be able to claim constructive dismissal if you are forced to resign because of your employer’s unlawful behavior. In order to pursue a claim for constructive dismissal, you must show that:

your employer committed a serious breach of your employment contract;

You did not accept the breach; and

you felt forced to resign because of that breach.

1. Serious breach of your employment contract

Examples of serious breaches of contract by an employer include:

unilaterally cutting your pay (including overtime and fringe benefits) or failing to pay you;

arbitrarily demoting you to a lesser role without reason;

changing your job description/duties, working hours or place of work without your agreement;

threatening to dismiss you if you do not agree to accept changes to your employment terms and conditions;

making it impossible for you to do your job effectively;

failing to give you reasonable support to carry out your job without disruption, harassment, or bullying from fellow workers;

forcing you to work in conditions where health and safety regulations are ignored;

seriously breaching the ‘duty of mutual trust and confidence’.

a. Implied duty of mutual trust and confidence

This duty is implied into every employment contract and means that employers and employees should not ‘without reasonable and proper cause, conduct themselves in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence between them’.

Examples of breaches of this implied duty include:

wrongly accusing you of theft without evidence;

if you want a transfer, lying to you that no vacancies exist;

giving you a final written warning where it is not justified;

failing to make reasonable adjustments, which amounts to disability or sex discrimination;

foul and abusive language by a senior manager;

other conduct deemed so seriously unreasonable it amounts to a repudiatory breach of contract.

Note, though, that if you are already in serious breach of the implied duty yourself, even if your employer is unaware of it, you cannot claim constructive dismissal.

b. Establishing a serious breach

Also recognise that establishing a serious breach of contract occurred is not easy -- locating witnesses and other tangible evidence to back up your claim is essential.

2. You did not accept or waive the breach

You do not need to tell your employer outright that you accept or waive the breach to lose your right to claim constructive dismissal. Acceptance must, nevertheless, be unambiguous and unequivocal.

In this context, failing to resign within a reasonable period may be deemed as an acceptance or waiver of the breach and an affirmation of the employment contract, thereby precluding a claim of constructive dismissal.

Note, however, that where there are a series of acts by your employer, which individually or in the aggregate constitute a serious breach of contract, culminating in a ‘last straw’ event that triggers resignation, your response may be measured from the last incident rather than the first. Thus, in this case, your failure to resign after the first act would not constitute an acceptance or waiver.

3. You were forced to resign because of the breach

Provided you can establish a serious breach of contract occurred -- which you neither accepted nor waived -- you should not have much difficulty showing you felt forced to resign because of it.

4. Unfair and wrongful constructive dismissal

Once you demonstrate that you were constructively dismissed, you must also show that the dismissal was unfair or wrongful.

a. Unfair dismissal

There are several ways to prove an employer’s action was unfair, for example because it was grounded on:

gender;

pregnancy, maternity, or paternity;

marital status;

family ties;

race;

age;

disability;

membership or non-membership of a trade union;

assertion of a statutory right;

whistleblowing;

industrial action;

jury service;

activities as an occupational pension scheme trustee; or

health and safety.

(NB. This is not an exhaustive list.)

Generally, only employees who have a year’s continuity of service can claim unfair dismissal. But this rule does not apply if you are claiming automatic unfair dismissal (NB. dismissal for any of the reasons listed above would constitute automatic unfair dismissal).

You must also comply with strict time limits to claim unfair dismissal. Normally a claim must be brought within three months of the last day of employment, counting the last day of employment as the first day of the three month period.

Moreover, certain categories of employees are barred from claiming unfair dismissal. These include members of the armed forces or police service and mariners.

b. Wrongful dismissal

Proving wrongful dismissal simply requires you demonstrate that your employer breached a term in your employment contract, which resulted in dismissal or forced you to leave. This is a lesser burden than that required for constructive dismissal. Thus, assuming you establish constructive dismissal it will automatically be wrongful.

[my_name_is_Earl]

I may be upsetting the apple cart here, but I think it's wise just to pay him and move on. 1.5m is not a great deal more than he would have received for a sacking, relatively speaking of course.

Let's get him out of our lives for good and focus on future challenges.

[Waggy76]

I may be upsetting the apple cart here, but I think it's wise just to pay him and move on. 1.5m is not a great deal more than he would have received for a sacking, relatively speaking of course.

Let's get him out of our lives for good and focus on future challenges.

No , let us all see him squirm in court ....

He is one of the main reasons we are , where we are today !

Get everything out in the open once and for all .....

Then big Sam can add 'Coup de Grace '

[blue_n_white99]

I may be upsetting the apple cart here, but I think it's wise just to pay him and move on. 1.5m is not a great deal more than he would have received for a sacking, relatively speaking of course.

Let's get him out of our lives for good and focus on future challenges.

I'd rather set fire to my own balls than pay that slimy toad one penny. Drag him through a very expensive trial and ruin the pr1ck, then BFS can take anything he has left. After the way he treated Rovers fans and the total disarray he left the club in he deserves any bad karma he gets.

[Mike Graham]

£1.5M what a keanwit. Please, let him spill the beans ("chick"peas) in court.

[RevidgeBlue]

I may be upsetting the apple cart here, but I think it's wise just to pay him and move on. 1.5m is not a great deal more than he would have received for a sacking, relatively speaking of course.

Let's get him out of our lives for good and focus on future challenges.

Correct.

Settle for the lowest amount we can negotiate, half to 2/3 of what he's asking and move on.

[my_name_is_Earl]

I expected to see some people disagree with me and it's fair comment. I know he's been a complete moron but we will have to pay him something, and that something would be relatively near to what he allegedly is willing to settle for.

I get the impression, if he doesn't sign an NDA, then there is some dirt which may just drag us down further. Pay the cash, get rid and onwards and upwards we can go.

[roverandout]

but he resigned so we dont have to pay him anything, if he was sacked that would be different

[Amo]

but he resigned so we dont have to pay him anything, if he was sacked that would be different

Constructive dismissal is when you resign because you feel your job has been made untenable by your employer.

To be honest, with the crap Singh's been spouting since he came here, Kean might have a case.

[K-Hod]

If £1.5 million was the figure to not have to hear from the bald cretin again.....

[1864roverite]

the worst thing KEANSCUM could dop is sue for CD. The court would have to take in his performance during the job and as we all know he has failed miserably and performed poorly. The club could easily defend itself and call fans as witnesses to it. Add the video of Sam and there is not a shred of a chance it will ever see a court room.

KEANSCUM is a KEANING CLOWN

[T.J.Newton]

Id have thought they would have got him to sign up to a big non disclosure contract a long time ago(which would explain his silence since leaving), I say let the courts decide, one judge has already had witness and gone on record of saying what a manipulative liar he is.

[Ewoodbhappy]

Right, Im not going to be popular for saying this - but I reckon Steve Kean could spill plenty of beans about the owners and the club that would not be very good for the reputation of the club (if it isnt completely ruined yet). So its probably better for him to just get paid up and thrown into oblivion and never be seen again.

I'd hope by now people that matter would be able to distinguish between "the club" & the owners. It is always the club - by that I mean the loyal fans that suffer due to the greed, incompetence, & utter loathsome actions of a few within the game.

The old boys act really pi$$es me off.

I'd be telling Kean to F - OFF, he deserves nothing.

If any wrong doings have taken place - hit the culprits in the pocket, disallow them from being directors, don't allow them to act as agents, but don't impose punative points deductions - that only damage the club - which is the fans.

We need the football authorities do their job to ensure the likes of Venkys can't ruin another club.

[Stuart]

the worst thing KEANSCUM could dop is sue for CD. The court would have to take in his performance during the job and as we all know he has failed miserably and performed poorly. The club could easily defend itself and call fans as witnesses to it. Add the video of Sam and there is not a shred of a chance it will ever see a court room.

KEANSCUM is a KEANING CLOWN

That's providing the measure of Kean's performance was on-field success and not other factors. The fact they stuck by him, through probably the worst Premier League record in the history of the competition and even after relegation, suggests that perhaps these weren't his performance measures.

Yet the fact they stuck by him despite any other REASONABLE club - as demonstrated by virtually every manager with close to his record being sacked - an ominous exception being Coyle - would suggest that he hasn't been undermined at all.

Contradictions all over the place but given everything that has gone on I'd be amazed if there wasn't some dirt that might come out. Surely they'd be implicating each other?

I guess it would come down to who has the most to lose if it were to go to court. Given that NDA pay-offs seem to have been dished out to virtually every other ex-employee, I doubt this would be different.

The sad thing is that if any wrong-doing were to come out, ultimately neither Kean nor Venkys would suffer - it would be the poor old fans - again! (And other fans wonder why we complain?)

[Aberdeen Blue]

This little turd really will not flush will it!