craig 5,199 Posted March 2, 2015 Share Posted March 2, 2015 would keep them and make them do the most demeaning jobs possible Which in all likelihood result in a successful claim of constructive dismissal. They would cite their job spec and then show they were being demeaned by performing tasks outwith that job spec. Because you know we wont want them carrying on the task they are presently employed for. 0 Quote Link to post Share on other sites More sharing options...
Doc 280 Posted March 2, 2015 Share Posted March 2, 2015 Which in all likelihood result in a successful claim of constructive dismissal. They would cite their job spec and then show they were being demeaned by performing tasks outwith that job spec. Because you know we wont want them carrying on the task they are presently employed for. If that is the case Craig and there is no easy way to sack these parasites without paying off the contracts and terms (that we all know they basically wrote for themselves rather than were awarded on the basis of any competition or competency for the role), how do we get them out for the least money? Any ideas would be welcome because I want these guys gone. 0 Quote Link to post Share on other sites More sharing options...
chilledbear 16 Posted March 2, 2015 Share Posted March 2, 2015 Talks taking place it seems, a few saying on twitter and FF. 0 Quote Link to post Share on other sites More sharing options...
limeburner 0 Posted March 2, 2015 Share Posted March 2, 2015 Doc,see post 21. 0 Quote Link to post Share on other sites More sharing options...
craig 5,199 Posted March 2, 2015 Share Posted March 2, 2015 If that is the case Craig and there is no easy way to sack these parasites without paying off the contracts and terms (that we all know they basically wrote for themselves rather than were awarded on the basis of any competition or competency for the role), how do we get them out for the least money? Any ideas would be welcome because I want these guys gone. Almost all of us want them gone, BH notwithstanding I really don't know how to get rid of them without a pay off. Could you cite gross misconduct in the case of Leach ? Possible. However, and I am no lawyer, but I suspect he would have a reasonable defence that when he slighted T3B's he prefaced his statement by requesting it not be minuted. I suspect that would be a reasonable defence but, as I said, I am no lawyer. One thing we know for sure is that Ashley ensured that his interests would be furthered regardless, we can only, sadly, assume that he will have ensured that his minions will also have been well protected. IMHO, it will cost us a chunk of change to remove them - and it may very well be a bitter pill that King/T3B have to swallow. Forensic audit may offer an opportunity to "negotiate" but that is nothing but conjecture !! 0 Quote Link to post Share on other sites More sharing options...
BrahimHemdani 1 Posted March 2, 2015 Share Posted March 2, 2015 (edited) We could indeed just sack them and say, see you in court but my feeling is that whilst Leach may be on difficult ground because of his reported comments about T3B, I am not certain that a Tribunal would hold that as gross misconduct ergo sufficient grounds for immediate dismissal without pay in lieu of notice. Llambias will be even more difficult, whilst the Ashley deal may be questionable he has already prepared his defence to that and he can point to a record of cost cutting. Perhaps FS has or can obtain the precise details of their contracts e.g. are they one year rolling or fixed term; but in any event it seems to me that whether they are dismissed for cause or not, ultimately we will have to pay the balance of their contracts or negotiate a settlement. Leach might be advised to settle for 3 or 6 months pay but Llambias has no reason to settle for anything less than his full contractual entitlement. Also if King does want to work with Ashley, and indeed it may be a necessity for him, then sacking his two placemen may not be the best start to the relationship. One perhaps (Leach) might be an honourable way out, but not both. Just trying to be realistic. Edited March 2, 2015 by BrahimHemdani 0 Quote Link to post Share on other sites More sharing options...
Ser Barristan Selmy 222 Posted March 2, 2015 Share Posted March 2, 2015 We could indeed just sack them and say, see you in court but my feeling is that whilst Leach may be on difficult ground because of his reported comments about T3B, I am not certain that a Tribunal would hold that as gross misconduct ergo sufficient grounds for immediate dismissal without pay in lieu of notice. Llambias will be even more difficult, whilst the Ashley deal may be questionable he has already prepared his defence to that and he can point to a record of cost cutting. Perhaps FS has or can obtain the precise details of their contracts e.g. are they one year rolling or fixed term; but in any event it seems to me that whether they are dismissed for cause or not, ultimately we will have to pay the balance of their contracts or negotiate a settlement. Leach might be advised to settle for 3 or 6 months pay but Llambias has no reason to settle for anything less than his full contractual entitlement. Also if King does want to work with Ashley, and indeed it may be a necessity for him, then sacking his two placement may not be the best start to the relationship. One perhaps (Leach) might be an honourable way out, but not both. Just trying to be realistic. Are you still hoping they remain on the board? 0 Quote Link to post Share on other sites More sharing options...
BrahimHemdani 1 Posted March 2, 2015 Share Posted March 2, 2015 Almost all of us want them gone, BH notwithstanding I really don't know how to get rid of them without a pay off. Could you cite gross misconduct in the case of Leach ? Possible. However, and I am no lawyer, but I suspect he would have a reasonable defence that when he slighted T3B's he prefaced his statement by requesting it not be minuted. I suspect that would be a reasonable defence but, as I said, I am no lawyer. One thing we know for sure is that Ashley ensured that his interests would be furthered regardless, we can only, sadly, assume that he will have ensured that his minions will also have been well protected. IMHO, it will cost us a chunk of change to remove them - and it may very well be a bitter pill that King/T3B have to swallow. Forensic audit may offer an opportunity to "negotiate" but that is nothing but conjecture !! I was writing #27 as you posted this, Craig. I am nothing if not a realist and we are agreed on the practicalities. King would be well advised to get advice before he sacks them both, the law may well be different in South Africa If I was him I would negotiate with Leach and as you say wait to see if he can uncover evidence of conflict of interest or failure to act in the best interests of the company etc on the part of Llambias. 0 Quote Link to post Share on other sites More sharing options...
BrahimHemdani 1 Posted March 2, 2015 Share Posted March 2, 2015 Are you still hoping they remain on the board? Not in the case of Leach; his position is untenable. Llambias will be voted off and it's not clear if Ashley can or will want to reinstate him on the Board. He may have a short term future on the Board in a transition period. His position as CEO is another matter. If KingCo/T3B are in control of the Boardroom as seems likely then I'm not sure if it is the wisest move or cost effective to replace him unless they have a cheaper and better qualified alternative. 0 Quote Link to post Share on other sites More sharing options...
MoodyBlue 0 Posted March 2, 2015 Share Posted March 2, 2015 (edited) Not in the case of Leach; his position is untenable. Llambias will be voted off and it's not clear if Ashley can or will want to reinstate him on the Board. He may have a short term future on the Board in a transition period. His position as CEO is another matter. If KingCo/T3B are in control of the Boardroom as seems likely then I'm not sure if it is the wisest move or cost effective to replace him unless they have a cheaper and better qualified alternative. I'm pretty sure they will have a better CEO lined up - that much is guaranteed IMO. Edited March 2, 2015 by MoodyBlue 0 Quote Link to post Share on other sites More sharing options...
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