Former manager victorious in wrongful dismissal claim
Last updated: 3rd November 2009
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Alan Curbishley has won his claim for wrongful dismissal against West Ham,
the League Managers' Association have confirmed. Curbishley parted company
with the Upton Park outfit in September 2008 after they sold defensive duo
Anton Ferdinand and George McCartney to Sunderland against his wishes. The
former Charlton boss always insisted that the actions of the club made his
position untenable and that he was forced to resign, and the Managers'
Arbitration Tribunal of the FA Premier League has unanimously upheld his
claim. The tribunal ruled that Curbishley has sole authority over player
transfers and that the actions of the East London club amounted to a
fundamental breach of contract, with a compensation figure now to be
decided. West Ham had hit back with a claim of their own regarding the costs
incurred in appointing Gianfranco Zola and his assistant Steve Clarke to
replace Curbishley, but this was dismissed by the tribunal. "I am obviously
delighted with this result," Curbishley told the LMA's official website. "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 the club 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."
LMA 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."
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STATEMENT REGARDING ALAN CURBISHLEY
ALAN CURBISHLEY v WEST HAM UNITED FC
http://www.leaguemanagers.com
STATEMENT ISSUED BY THE LEAGUE MANAGERS ASSOCIATION
The Managers' Arbitration Tribunal of the FA Premier League has unanimously
upheld Alan Curbishley's claim of wrongful dismissal against West Ham United
Football Club. He 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 upheld Alan 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 Alan
Curbishley was therefore entitled to resign. The 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.
Commenting after the outcome was published, Alan 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. 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 the Club 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".
Chief Executive of the League Managers Association, Richard Bevan, commented
"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".
For further information please contact:
Richard Bevan, chief executive, 07860 474767
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