madras Posted April 24, 2008 Share Posted April 24, 2008 Sacking Barton wouldn't be straight forward and would be harder to do than it would be to sack somebody who had taken drugs, especially performance enhancing drugs. If we sacked Barton we could easily see the club in court to pay up his contract especially since we knew what he was like when we bought him, the offence he committed at Man City was even known about yet we still signed him. The club could argue that Barton had brought the name of the club into disrepute, a lawyer for Barton would almost certainly say that we knew what we were getting when we bought him so we were happy to accept that Barton could do it again. Here's some advice from a lawyer regarding sacking somebody who is in prison. Be careful. Even though your employee has been convicted of an illegal act, you should still carry out such investigations as are reasonable in the circumstances before making any decision. Such investigations must be carried out promptly to ensure that any dismissal is fair. If the employee's offence was related to his or her work, a dismissal would probably be fair on grounds of conduct. Alternatively, the circumstances of the imprisonment might be such as to reflect adversely on the image of your business, and/or destroy trust and confidence in the employee, which might count as 'some other substantial reason' for dismissal. But great care should be exercised and legal advice sought. The fact that the employee is in prison and therefore cannot do his job is not in itself enough: it may 'frustrate' the contract, but as a general rule Employment Tribunals are reluctant to decide that the contract of employment has ended because of the employee's inability to perform it. it alll comes down to what provisos/clauses were in his contract...i doubt we'd have signed him without some cover/protection Link to post Share on other sites More sharing options...
Mick Posted April 24, 2008 Share Posted April 24, 2008 it alll comes down to what provisos/clauses were in his contract...i doubt we'd have signed him without some cover/protection Agreed, that would make it much easier if he was breaking his contract, we'll have to wait and see. Link to post Share on other sites More sharing options...
Guest guinness_fiend Posted April 24, 2008 Share Posted April 24, 2008 Sacking Barton wouldn't be straight forward and would be harder to do than it would be to sack somebody who had taken drugs, especially performance enhancing drugs. If we sacked Barton we could easily see the club in court to pay up his contract especially since we knew what he was like when we bought him, the offence he committed at Man City was even known about yet we still signed him. The club could argue that Barton had brought the name of the club into disrepute, a lawyer for Barton would almost certainly say that we knew what we were getting when we bought him so we were happy to accept that Barton could do it again. Here's some advice from a lawyer regarding sacking somebody who is in prison. Be careful. Even though your employee has been convicted of an illegal act, you should still carry out such investigations as are reasonable in the circumstances before making any decision. Such investigations must be carried out promptly to ensure that any dismissal is fair. If the employee's offence was related to his or her work, a dismissal would probably be fair on grounds of conduct. Alternatively, the circumstances of the imprisonment might be such as to reflect adversely on the image of your business, and/or destroy trust and confidence in the employee, which might count as 'some other substantial reason' for dismissal. But great care should be exercised and legal advice sought. The fact that the employee is in prison and therefore cannot do his job is not in itself enough: it may 'frustrate' the contract, but as a general rule Employment Tribunals are reluctant to decide that the contract of employment has ended because of the employee's inability to perform it. A Termination clause enables an employer to terminate an employee's contract on whatever grounds are stipulated in the clause. The advice above concerns situations where a contract is silent on the point and whether an employee's behaviour is enough to 'frustrate' the contract. In any case, we'll soon see how it pans out! Link to post Share on other sites More sharing options...
Guest toonlass Posted April 24, 2008 Share Posted April 24, 2008 And he is definitely going to be sent down? If he isn't why should we sack him? Link to post Share on other sites More sharing options...
STM Posted April 24, 2008 Share Posted April 24, 2008 If he is sent down, there's no point in releasing him. His sentence would be no longer than a bad injury, despite what has been said. Link to post Share on other sites More sharing options...
mrmojorisin75 Posted April 25, 2008 Share Posted April 25, 2008 If he is sent down, there's no point in releasing him. His sentence would be no longer than a bad injury, despite what has been said. fair point that, and we'd not be paying wages while he was doing time unlike an injury - comes out with a clean slate i suppose Link to post Share on other sites More sharing options...
Ronaldo Posted April 25, 2008 Share Posted April 25, 2008 there's no risk in keeping him. He's looking more and more like a fantastic asset. Link to post Share on other sites More sharing options...
Guest NUFC4 Posted April 25, 2008 Share Posted April 25, 2008 there's no risk in keeping him. He's looking more and more like a fantastic asset. amen to that. he's always been one of my favorite players in the league because the combination of work rate and skill he has. there's no doubt that he's on his last leg but provided that he can keep his nose out of trouble he's only going to get better for us. he's shown that with a clear head he can put in MOM performanes and has been great for us during this purple patch. COMON JOEY I GOT YOUR BACK! Link to post Share on other sites More sharing options...
Northern Monkey Posted April 25, 2008 Share Posted April 25, 2008 He's a jumped up little cunt with an oversized impresison of his own ability and indeed his "hardness". Pure white trash, very average player - get to fuck Barton you little arsehole. Link to post Share on other sites More sharing options...
Guest teepee Posted April 25, 2008 Share Posted April 25, 2008 harsh words nm - but pretty much spot on i suppose... Link to post Share on other sites More sharing options...
Lazy Posted April 25, 2008 Share Posted April 25, 2008 I agree. Link to post Share on other sites More sharing options...
Alberto2005 Posted June 7, 2008 Share Posted June 7, 2008 Newcastle are planning to sack jailed £55,000-a-week midfielder Joey Barton unless he agrees to a 50-per-cent pay cut. Manager Kevin Keegan wants to keep Barton, despite him being imprisoned for six months in May for assault and affray. The player faces another trial later this month for allegedly assaulting his then Manchester City clubmate Ousmane Dabo last year. But the Newcastle hierarchy, led by owner Mike Ashley, executive director Dennis Wise and vice-president Tony Jimenez, are not happy and could move to dismiss the player even before the case begins on June 30. Stuart Pearce, City boss at the time of the Dabo incident and now an assistant to England head coach Fabio Capello, will be a key witness for the prosecution at Manchester Crown Court, where he and a number of players are expected to give eyewitness accounts of what happened at the training ground in May 2007. Newcastle have taken legal advice since Barton was involved in violent incidents in his home city of Liverpool in December. He has four years of his contract to run, but Newcastle believe his conviction and imprisonment give them legal grounds to sack him for gross misconduct and avoid paying up the remainder of his deal, just as Chelsea did after Adrian Mutu failed a drugs test in 2004. A FIFA tribunal have now told Mutu he must pay Chelsea £9.4million over the incident. Newcastle would try to retain Barton's registration to recoup some of the £5.8m they paid City. Barton, who has not been paid since he was jailed, has been told his only hope of staying is if he agrees a pay cut of up to 50 per cent and even that offer, which he is unlikely to accept, will be withdrawn if he is convicted in the Dabo case. Newcastle feel the forthcoming trial will further tarnish the club's image and the fall-out from the incident with former France star Dabo will hinder their attempts to sign French-speaking players. France and St Etienne striker Bafetimbi Gomis, now at Euro 2008, was the latest to reject them. http://www.mailonsunday.co.uk/sport/football/article-1024923/Newcastle-planning-sack-jailed-Barton.html?ITO=1490 Link to post Share on other sites More sharing options...
Liam Liam Liam O Posted June 7, 2008 Share Posted June 7, 2008 More nonsense Link to post Share on other sites More sharing options...
biggs Posted June 7, 2008 Share Posted June 7, 2008 France and St Etienne striker Bafetimbi Gomis, now at Euro 2008, was the latest to reject them. More Mailtastic shite too sling at us ,papers only good for wrapping chips in . :violent Link to post Share on other sites More sharing options...
Nicky Posted June 7, 2008 Share Posted June 7, 2008 Its not even French players, its French speaking players Haha, guess that means beye, geremi, nzogbia and every other fucker who can speak French are off too! Link to post Share on other sites More sharing options...
Dokko Posted June 8, 2008 Share Posted June 8, 2008 Were good at getting rid of players, just not so hot bringing them in. Link to post Share on other sites More sharing options...
Cajun Posted June 8, 2008 Share Posted June 8, 2008 If we bring 9 in again this summer I will be happy. Link to post Share on other sites More sharing options...
Dokko Posted June 8, 2008 Share Posted June 8, 2008 If we bring 9 in again this summer I will be happy. Not if they turn out like the last lot. Link to post Share on other sites More sharing options...
Cajun Posted June 8, 2008 Share Posted June 8, 2008 Still managed to bring in players. I assume Allardyce was the ones who picked who to bring in? Link to post Share on other sites More sharing options...
Dokko Posted June 8, 2008 Share Posted June 8, 2008 Still managed to bring in players. I assume Allardyce was the ones who picked who to bring in? Weehay, lets be WHU and sign anyone!!1!!1! Do you assume KK is the one picking the players to bring in this time round? Link to post Share on other sites More sharing options...
The College Dropout Posted June 8, 2008 Share Posted June 8, 2008 there's no risk in keeping him. He's looking more and more like a fantastic asset. mackems.gif Link to post Share on other sites More sharing options...
The College Dropout Posted June 8, 2008 Share Posted June 8, 2008 Still managed to bring in players. I assume Allardyce was the ones who picked who to bring in? Weehay, lets be WHU and sign anyone!!1!!1! Do you assume KK is the one picking the players to bring in this time round? No and i'm somewhat glad. Link to post Share on other sites More sharing options...
SUPERTOON Posted June 8, 2008 Share Posted June 8, 2008 Sack him now he will be going down for longer after his next trial Link to post Share on other sites More sharing options...
Dokko Posted June 8, 2008 Share Posted June 8, 2008 If we sack him do we get our money back like Mutu having to pay Chelsea his transfer fee? If so sack him. I do think he's got a talent and could do well, but in the end of the day he deserves it and we can go get a player who isn't a walking time bomb. Link to post Share on other sites More sharing options...
SUPERTOON Posted June 8, 2008 Share Posted June 8, 2008 If we sack him do we get our money back like Mutu having to pay Chelsea his transfer fee? If so sack him. I do think he's got a talent and could do well, but in the end of the day he deserves it and we can go get a player who isn't a walking time bomb. Not sure i have read somewhere that we will Link to post Share on other sites More sharing options...
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