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KK v NUFC - the verdict 
NUFC.com coverage from Friday 02.10.2009
 
Dispute:
The damned United 

The Premier League Tribunal who have been sitting in judgment over the Kevin Keegan /Newcastle United dispute released their decision on Friday, ruling that the former Magpies boss was constructively dismissed.

A sum of £2m must now be paid to him by the club.

As significant as the judgment and financial award were, the findings of the tribunal are even more revealing, providing a damning indictment of the club's workings under the current administration:

Read the judgment in full online here

Now that this case has been settled, let's hope that the sale of the club can proceed without further delay, which seems to be the only course of action that the majority of supporters and the current owner can agree on.

Do we think any the worse of Keegan? Not at all - our opinion about him remains as it was the on the day that he was brought back into the club in January 2008. The reservations we had then remain unchanged now.

Main points:

KK's salary @ SJP was £3m per annum with a £200K increase automatically due after each 12 month period.

Witness testimony at the tribunal was provided by KK, Mike Ashley, Chris Mort and Derek Llambias, plus: 

Lee Charnley:
current NUFC Club Secretary.
Tony Jimenez:
ex-NUFC VP (Player Recruitment).
Jeff Vetere:
ex- NUFC Technical Coordinator.
Dennis Wise:
ex- NUFC Executive Director (Football). 

When the club were attempting to dissuade KK from resigning, a written communication was sent to him: 

"It will continue to be the position that no player will be bought for the first team without your approval, save of course for commercial deals... which will remain within the sole discretion of the Board". 

In other words, he didn't have the final say on player purchases.

After hearing evidence, the tribunal concluded:

"that the duties usually associated with the position of a Premier League Manager included the right, indeed duty, to have the final say as to transfers into the Club.

An interview with Dennis Wise had been conducted by club staff and published on the official website and in the official programme, which included the following:  

"He has the final word and then no one else. I'm not gonna do things like bring players in behind his back. I'm not into that and everything that happens will be run past him and he'll say yes, as I say, or he'll say no".

Chris Mort was then interviewed in The Mag as saying: 

"Everything that sits below Kevin, everything associated with the first team is his responsibility … Dennis and Jeff will help identify players and Kevin will then say yes or no".

The tribunal heard from the club that those Wise and Mort interviews "were nothing more than an exercise in public relations carried out so as not to undermine Mr Keegan's position and made necessary, in the first place, by statements made by Mr Keegan himself to the press.

KK was never informed of this "exercise" though. The tribunal "found this explanation to be profoundly unsatisfactory."

Ignacio Gonzalez was signed on loan as a "commercial favour" to a pair of South American player's agents. Neither KK nor anyone @ NUFC had seen him play.

The tribunal accepted that KK left the club because of that Gonzalez signing, not because of a poor working relationship with Dennis Wise and Tony Jimenez.

KK protested that the Gonzalez signing was unacceptable to him, but that the club signed him in that knowledge.

The tribunal rejected KK's claim that the following clause in his contract with NUFC was not enforceable:

"In the event that the Club terminates this Agreement or requires Kevin Keegan to cease being the Manager of the Club at any time during the Term, other than where the Club has grounds to dismiss Kevin Keegan pursuant to Clause 14.1, the Club shall pay to Kevin Keegan pursuant to Clause 14.8.4 a sum of £2million …("Payment in Lieu")".

Further judgments were made regarding KK's claim for additional compensation payments to be made - for further details, read the judgment.

Kevin Keegan reacted to the news by releasing a statement in which he said:

1. I am delighted that the Premier League Manager's arbitration tribunal has today formally announced that it has upheld my claim for wrongful dismissal against Newcastle United. The full details of the decision are on the Premier League website and will also be added to the League Managers Association website in due course.

2. I took the decision to resign in September 2008 only after very careful and anxious consideration. The decision to resign was one of the most difficult decisions that I have ever had to take in my life. I believe that anybody who knows me and my attachment to Newcastle United and the north east in general will understand how difficult this must have been. I very much hope that the decision of the tribunal now confirms why I felt that I had no option but to resign from the position as manager of the club that I love.

3. The tribunal has found the conduct of the club in forcing a player on me against my wishes represented a fundamental breach of my contract of employment. I do not believe that there is any manager in football who could have remained at the club in the light of their conduct.

4. Since my departure there have been many untrue stories written about my resignation, my time at the club and these proceedings. I do not blame the press for this: I know that the journalists concerned are only doing their job but I hope that the tribunal's decision will now conclusively put to rest a number of allegations made against me.

5. In particular I believe that the tribunal's decision makes it clear that:

5.1 I did have the final say on transfers and the club's allegation that I did not, which was publicised widely at the time of my resignation and subsequently, was simply untrue.

5.2 The club admitted to the tribunal that it repeatedly and intentionally misled the press, public and the fans of Newcastle United.

5.3
I resigned because I was being asked to sanction the signing of a player in order to "do a favour" for two South American agents. No one at the club had seen this player play and I was asked to sign him on the basis of some clips on You Tube. This is something that I was not prepared to be associated with in any way. The club knew that I objected strongly to this transfer and were aware that by continuing with it I was likely to feel that I had no option but to resign. Notwithstanding this they nevertheless went on to sign the player at very substantial cost to the club.

5.4 Contrary to the public statements made by the club at the time they did not do all that they could to retain me at the club. In particular they refused to acknowledge that I was entitled to the final say on transfers. This left me in a totally untenable position.

5.5 A number of the allegations made against me by the club at the hearing in order to support their £2million claim against me were totally without foundation and should never have been raised in the proceedings.

6. I very much regret that this claim ever had to go to the hearing as it did. I want to state categorically that the allegation that has been made in the press that I turned down an offer of £4m to settle the claim is simply untrue. No such offer was made to me.

7. I also want to confirm that a central purpose of my claim has always been to clear my name and restore my reputation. I consider it of vital importance that I was able to let people know about the full circumstances of my resignation and the way in which I had been treated by the club. I hope that this purpose has now been achieved.

8. There are a number of technical issues that still need to be resolved by the tribunal and I obviously will not be in a position to comment on them until after those issues have been resolved.

9. I would like to thank my family, friends, legal team and the LMA who have all offered me their unstinting support throughout this very challenging period. I would also like to thank the members of the tribunal itself who have given such fair, able and meticulous consideration to my case.

10. Finally I would like to thank the fans of Newcastle United for their continued support and wish them and the club continued success in the current season in their goal of reaching the Premier League.

No comment:
Silence of the Llambs

And what have NUFC got to say about it all?

"The Club will be making no comment on this matter."

In other words, you can't defend the indefensible....




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Page last updated 03 November, 2012