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Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Fri May 09, 2014 5:50 pm

castleblue wrote:
simon.wiesenthal wrote:
castleblue wrote:
Chronicle wrote:
castleblue wrote:
Wayne S wrote:Malky & Moody's words are not your standard bland statements.

They seem excessively in favour of the club and Tan of all people.

The Daily Mail are also making a point of reporting no pay out and MM paying his own legal fees.

As some might say, Mmmmm.


Both statements are very carefully worded but both include reference to "Settlement Agreements" which used to be known as "Compromise Agreements" and are used as legal documents detailing the terms agreed to settle employment disputes. One thing is certain and that is the club has made a contribution to the legal costs for both MM and IM because they are required to do so. The club doesn't have to pay ALL legal expenses but they must make a contribution.

In MM statement he says that a "Settlement Agreement" has been reached on ALL claims which tells you that he had more than one claim against the club. I was told he had submitted multiple claims against the club, including constructive dismissal and breach of contract because the club failed to pay the notice period (1 years salary I was told).

Under the terms of his contract of employment he is entitled to be paid his notice period so I believe he has received that and I don't care what the Daily Mail says about Compensation because being paid his salary is a minimum requirement. I would bet money on it that within the "Settlement Agreement" is an Ex Gratia payment covering his other claims.

In each case it appears to me that both MM and IM have agreed to include reference in thier statements to some sort of public apology, in both cases they are qualified by "If's" and "Mights" and, in my opinion, are pretty much meaningless. Still when you have an ego like VT maybe he feels better because these statements have been made.

:bluescarf: :bluescarf: :bluescarf:


Not in the case of gross misconduct


Are you saying MM was guilty of gross misconduct :? If that was the case then for an employer that is the easiest case to defend but here the club have chosen to enter into a "Settlement Agreement" rather than defend thier action.

Look both parties have agreed on a settlement and, in my opinion, that's the very best outcome for the club. But I believe that the club having decided to settle has made a contribution to the legal costs of both MM and IM.


:bluescarf: :bluescarf: :bluescarf:


it was Malky taking the club to court,not the other way around........if he offered to drop the case and give an apology..Tan had nothing to defend..and where does the contribution to legal fees come into it?
if your just going to make things up......go for it......tan offered him a trip to mars, his own jet.ffs


Google "Settlement Agreement" then you may understand that is how VT and the club defended thier position.


:bluescarf: :bluescarf:


a settlement agreement is what ever the two parties agree to..............duh
do you really need google to figure out plain english

Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Fri May 09, 2014 5:56 pm

CjBluebird17 wrote:
CF47 BLUEBIRD wrote:So Malky dropped his claims eh. Obviously got something to hide he didnt want coming out in court.


:thumbup:



Hmmmmm very interesting Malky backers certainly trying to brush it under the Carpet, and looking for the next reason to batter Tan with debt to equity...........


Of course hopefully he does, but the news is Malky apologising and not wanting to go to court Hmmmmmm

Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Fri May 09, 2014 6:01 pm

BillyLiar wrote:Tan ain't gonna turn debt to equity when he's gonna sell up. He's had a titfull of the dirty world of the backstabbing football fraternity.




Kind of agree, he's been abused for the rebrand, I wouldn't be surprised if he's had a change of heart and would rather move on, in which case why would want to settle the debt ?

Of course unless it's financially beneficial to settle the debt, and go like hell for promotion and sell a premiership team ?

Interesting as ever ????

Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Fri May 09, 2014 6:05 pm

Bluebina wrote:
CjBluebird17 wrote:
CF47 BLUEBIRD wrote:So Malky dropped his claims eh. Obviously got something to hide he didnt want coming out in court.


:thumbup:



Hmmmmm very interesting Malky backers certainly trying to brush it under the Carpet, and looking for the next reason to batter Tan with debt to equity...........


Of course hopefully he does, but the news is Malky apologising and not wanting to go to court Hmmmmmm


My worry as well. My question is what will it be after the debt to equity?

Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Fri May 09, 2014 6:07 pm

Daya wrote:We welcome the Malk !



He will take down if you do......

Allerdyce and Pullis are the men to keep weak squads in the premier League......

Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Fri May 09, 2014 6:19 pm

simon.wiesenthal wrote:
castleblue wrote:
simon.wiesenthal wrote:
castleblue wrote:
Chronicle wrote:
castleblue wrote:
Wayne S wrote:Malky & Moody's words are not your standard bland statements.

They seem excessively in favour of the club and Tan of all people.

The Daily Mail are also making a point of reporting no pay out and MM paying his own legal fees.

As some might say, Mmmmm.


Both statements are very carefully worded but both include reference to "Settlement Agreements" which used to be known as "Compromise Agreements" and are used as legal documents detailing the terms agreed to settle employment disputes. One thing is certain and that is the club has made a contribution to the legal costs for both MM and IM because they are required to do so. The club doesn't have to pay ALL legal expenses but they must make a contribution.

In MM statement he says that a "Settlement Agreement" has been reached on ALL claims which tells you that he had more than one claim against the club. I was told he had submitted multiple claims against the club, including constructive dismissal and breach of contract because the club failed to pay the notice period (1 years salary I was told).

Under the terms of his contract of employment he is entitled to be paid his notice period so I believe he has received that and I don't care what the Daily Mail says about Compensation because being paid his salary is a minimum requirement. I would bet money on it that within the "Settlement Agreement" is an Ex Gratia payment covering his other claims.

In each case it appears to me that both MM and IM have agreed to include reference in thier statements to some sort of public apology, in both cases they are qualified by "If's" and "Mights" and, in my opinion, are pretty much meaningless. Still when you have an ego like VT maybe he feels better because these statements have been made.

:bluescarf: :bluescarf: :bluescarf:


Not in the case of gross misconduct


Are you saying MM was guilty of gross misconduct :? If that was the case then for an employer that is the easiest case to defend but here the club have chosen to enter into a "Settlement Agreement" rather than defend thier action.

Look both parties have agreed on a settlement and, in my opinion, that's the very best outcome for the club. But I believe that the club having decided to settle has made a contribution to the legal costs of both MM and IM.


:bluescarf: :bluescarf: :bluescarf:


it was Malky taking the club to court,not the other way around........if he offered to drop the case and give an apology..Tan had nothing to defend..and where does the contribution to legal fees come into it?
if your just going to make things up......go for it......tan offered him a trip to mars, his own jet.ffs


Google "Settlement Agreement" then you may understand that is how VT and the club defended thier position.


:bluescarf: :bluescarf:


a settlement agreement is what ever the two parties agree to..............duh
do you really need google to figure out plain english



So you don't understand what a settlement agreement is then.


:bluescarf: :bluescarf: :bluescarf:

Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Fri May 09, 2014 6:19 pm

Bluebina wrote:
BillyLiar wrote:Tan ain't gonna turn debt to equity when he's gonna sell up. He's had a titfull of the dirty world of the backstabbing football fraternity.




Kind of agree, he's been abused for the rebrand, I wouldn't be surprised if he's had a change of heart and would rather move on, in which case why would want to settle the debt ?

Of course unless it's financially beneficial to settle the debt, and go like hell for promotion and sell a premiership team ?

Interesting as ever ????


what gets me about debt to equity...is A} had he converted 2 years ago as people insist he should have.....all the debts since would remain debts {unless im missing something }..
B} he sells.. and a la glaziers.. the club is bought by someone that instantly dumps huge debt on the club....

Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Fri May 09, 2014 6:23 pm

Bluebina wrote:
BillyLiar wrote:Tan ain't gonna turn debt to equity when he's gonna sell up. He's had a titfull of the dirty world of the backstabbing football fraternity.




Kind of agree, he's been abused for the rebrand, I wouldn't be surprised if he's had a change of heart and would rather move on, in which case why would want to settle the debt ?

Of course unless it's financially beneficial to settle the debt, and go like hell for promotion and sell a premiership team ?

Interesting as ever ????


We got people saying that he can now change debt to equity and put us back to blue and theyll forgive.the same people calling him all the names under the sun. Even a poll on some place asking will people forgive if he changes back and changes debt to equity some are even saying they wont. No chance Tan will be off and who can blame him. Over the coming months / years hell pull in some of the debt via player sales and other streams. Right some trading losses off against profits made in other companies he owns and retain equity of CCStadium with a book value of 50 - 60 million. Its a commercial money spinner and with the new stand revenue will only increase. The football club will be secondary and whether hes involved with the football side or not will rent the ground to them as done by many other clubs . Far fetched not really.

Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Fri May 09, 2014 6:42 pm

dannyblue wrote:
Jules wrote:Former Cardiff City manager Malky Mackay withdraws legal claim against Cardiff City and a vast number of settlements are done out of court and a settlement has been done over his sacking.

Annis where in that statement does it say anything about settlements of sacking and a vast number of out of court settlements?

Have I missed something ?


Who the hell wrote that.


wrote what part> the highlighted part in blue is in the OP.

Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Fri May 09, 2014 6:53 pm

Jules wrote:
dannyblue wrote:
Jules wrote:Former Cardiff City manager Malky Mackay withdraws legal claim against Cardiff City and a vast number of settlements are done out of court and a settlement has been done over his sacking.

Annis where in that statement does it say anything about settlements of sacking and a vast number of out of court settlements?

Have I missed something ?


Who the hell wrote that.


wrote what part> the highlighted part in blue is in the OP.


sorry l thought the blue highlight was taken from media quotes. No offence meant

Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Fri May 09, 2014 7:27 pm

Chronicle wrote:
Sven wrote:Some pretty mixed responses to the statement from Malky on here today and (I guess) that is only to be expected depending on your original point of view on the 'sacking'

IF what Malky has stated PLUS if there is a fair percentage of FACT in the newspaper article, then it would initially appear (as he said it would) that Tan had "reasonable cause" to get rid of both Malky and Moodie

IF that is the case, then I sincerely hope that people can be man enough to accept that, as Malky appears to have done via his recent actions

However, from a personal stance, I can safely say that I liked Malky the manager and I liked Malky the character. I will ALWAYS be grateful to the manager that took our great club to the Premier League and I sincerely wish him the very best of luck at whichever club he manages in the future...Swansea apart, of course! :laughing6:

Time for Malky to move on...AND THE SAME FOR US! :thumbup: :bluescarf:


Superb statement Sven!!!


Agree with you both :thumbup:

Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Fri May 09, 2014 7:29 pm

dannyblue wrote:
Mick the Lip wrote:Not a good idea to prolong an action against someone with a lot more money. Even if he eventually won Malky would have been out of pocket after paying his legal fees and if the action dragged out for a long time he would find it difficult getting back into the game at a decent level. Sensible decision to read out a pre-agreed PR statement and take Tan's cash!


What cash. Have you ever seen a person offer a " unreserved apology" for being right. Certainly never seen it from a sacked football manager. If the apology is on account of payment the man has no dignity anyway. Read it anyway of want it.
Hate Tan by all means but don't leave it cloud your judgement.



Spot on....

Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Fri May 09, 2014 8:12 pm

dannyblue wrote:
Jules wrote:
dannyblue wrote:
Jules wrote:Former Cardiff City manager Malky Mackay withdraws legal claim against Cardiff City and a vast number of settlements are done out of court and a settlement has been done over his sacking.

Annis where in that statement does it say anything about settlements of sacking and a vast number of out of court settlements?

Have I missed something ?


Who the hell wrote that.


wrote what part> the highlighted part in blue is in the OP.


sorry l thought the blue highlight was taken from media quotes. No offence meant


None taken mate just glad the whole sorry mess seems to be done with. :thumbup:

Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Fri May 09, 2014 8:26 pm

So we can finally move on? Some of us did about 4 months ago. Some of you just couldn't. One less stick to beat Tan with. Debt to equity stick next... form a queue lads. :roll:

Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Fri May 09, 2014 10:50 pm

toshacks_1_tales wrote:So we can finally move on? Some of us did about 4 months ago. Some of you just couldn't. One less stick to beat Tan with. Debt to equity stick next... form a queue lads. :roll:


there are plenty more sticks though..........Tan has taken so much shit over sacking these two,despite the shocking summer deals and poor form............67% voted tan to blame for relegation..interfering,sacking malky .moodygate being constantly mentioned........if todays reports ..no compo and a grovelling apology are correct..relegation lies in the hands of one man....and its not VT.

Re: ' MALKY MACKAY & TAN DO SETTLEMENT OUT OF COURT '

Sat May 10, 2014 1:57 am

simon.wiesenthal wrote:
Mick the Lip wrote:Not a good idea to prolong an action against someone with a lot more money. Even if he eventually won Malky would have been out of pocket after paying his legal fees and if the action dragged out for a long time he would find it difficult getting back into the game at a decent level. Sensible decision to read out a pre-agreed PR statement and take Tan's cash!


the statements go well beyond the norm .. and why would he be out of the game?. taking one boss to court doesnt disqualify you from having another boss...........and how much cash?..the Mail says none


I'm thinking of Alan Curbishley here. Eventually won his case against West Ham for constructive dismissal but didn't get another job in football until a 2 month stint as "Tehnical Advisor at Fulham around the end of last year!