Dundee Utd will not pursure Fenlon deal according to BBC citing Bohs financial demands.
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Dundee Utd will not pursure Fenlon deal according to BBC citing Bohs financial demands.
It's legalese though. If he hands in his resignation he's gone either way.
If they reject it they can sue him for breach of contract, and if he signed for DU straight away have a case against them.
if they accepted his resignation he could not be held liable, the Fenlon/Bohs relationship is effectively ripped up, so Bohs would have no case against DU or any other club.
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Exactly. But would Dundee hire someone wh0 is in turn or the process of sueing Bohs for a breech of contract that may or may not be proven? Think Bohs could prove the consideration alright but aren't there more components to a contract than just money?Quote:
IF however Bohs do owe money to Fenlon then they're in breach of his contract. He can then effectively rip up his contract and walk away for free (or sue for the money/breach). He'd then be free to join Dundee Utd and Bohemians would receive no compensation for him. Some Bohs fans seem to say that he is owed money, but that a verbal agreement was reached to deal with this. Despite what Bohs fans seem to think, that verbal agreement is not legally binding, unless Fenlon was offered some sort of consideration for that new renegotiated deal, and I personally can't think of what type of consideration they could have offered him.
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Bohs have shafted Pat Fenlon (and arguably themselves) bigstile here imo. Speaking as a nobody interested in LOI.
[QUOTE=Fr Damo;1302669]Don't really know what you mean about Dundee Utd being in breach of contract, in what way do you think they would?Quote:
Exactly. But would Dundee hire someone whi is in turn sueing a breech of contract that may or may not be proven? Think Bohs could prove the consideration alright but aren't there more components to a contract than just money?
Bohs have shafted Pat Fenlon (and arguably themselves) bigstile here imo. Speaking as a nobody interested in LOI.
In this case you're not strictly talking about forming of a new contract, but rather creating a new one for part-payment of an already existing debt, which must be supported by fresh consideration. I can't think of what sort of fresh consideration they'd have been able to offer him, to me it seems like it would have been a bare verbal promise which has no legal basis. Again though, contract law isn't my area of expertise, Marinobohs seemed to suggest it was his earlier so perhaps he can fill us in :)
And yeah, Bohs have shafted Fenlon big time here. They've also done the same to themselves, leaving themselves wide open to Fenlon walking away for nothing.
It's why any normal, well run football club would have reached a deal after allowing their manager to talk to other clubs, and him desperately pleading to go. How many times have you seen managers change clubs in the UK without this sort of carry on, quite simply because you're left in an awful position and every chairman knows it. Thats why a deal is always struck, and why its never a huge sum in comparison to what players go for.
Oh, did anyone just catch TV3 there? Pat's saying he's "unsure about his future...."
Dundee Utd sought 1 million sterling compensation from the SFA for Craig Levein and settled for 300k stg. Sauce for the Goose etc.
For what its worth , Bohs handling of this has been self defeating in amateurishly publicly disclosing its unacheivable negotiating position and potentially alienating the best manager we have ever had. Dundee United`s approach has been no less amateur. Nutsy must be rightly ****ed off with both clubs. Could easily see him resign, face the legal consequences (if any) and try his luck with another club entirely.
Yeah they'd be very happy to. If Fenlon and his legal team decide that the facts are that they can sue Bohs for breach of contract it would most likely be because it's an open and shut case. The big question would be what sort of payout he's entitled to, and the legal bitching would be around what sort of sum if any they should pay. That's a private legal matter for Pat Fenlon though, and wouldn't involve Dundee Utd, and shouldn't hinder Fenlon working there in any way.Quote:
But would Dundee hire someone who is in turn or the process of sueing Bohs for a breech of contract that may or may not be proven?
A question I would like to ask is why Dundee Utd took so long to get in touch with Conway to discuss compensation?? their delay in doing this weakened the deal imo...
Why didn't Pat do a Roddy and cite personal reasons, then the day before he offers his resignation agrees to go to DU? :-)
i think fenlon joining dundee would have been a step back.
take rangers and celtic out of that league and it would be worse then the eircom league
Jaysus, you do realise this is Conway's doing yet again. Look at every single quote from Bohs over this whole mess, every one has been from Conway. What could you possibly have against me referring to Conway when he's been the very public face of Bohs for the last few days giving radio, tv and press interviews.
Its Dundee United that wanted Fenlon not Dundee,bit of a difference between the 2 clubs
and about 250 metres
http://www.worldstadiums.com/stadium...adice_park.jpg
that is awesome
id say there is such a good football banter there better than the crap we have here with liverpool and man utd ******* in dublin
The depressing thing on this MB is that there are are more posts by Shamrock's fans creaming themselves over Bohs standing firm & refusing to be screwed by Dundee Utd rather than Boh's fans posting on the issue.
Talk about clutching at straws. If any non Shamrock's fans could look at their MB I'm sure one of their highlights of the season is Jason Byrne's missed pen in Wicklow, even though that result was used by Bohs to push on & win the league as Shamrock bottled it.
Far from over
http://www.heraldscotland.com/sport/...-deal-1.997253
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Fenlon poised to quit Bohemians as United pull plug on deal
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heraldscotland staff
http://www.heraldscotland.com/ui/img/blank.gif0 comments
Published on 8 Jan 2010
PAT FENLON was last night considering quitting as manager of Bohemians after Dundee United pulled out of a deal to take him to Tannadice, writes Robert Thomson.
The 40-year-old met the Bohemians board on Thursday to ask to be removed from his contract, paving the way for him to join United on the three-year contract he agreed 24 hours earlier. Fenlon was under the impression he had a gentleman’s agreement with his club allowing him to walk away for free because of unpaid bonuses – understood to run into six figures – which he was due for delivering four trophies in two seasons.
But during a stormy meeting, Bohemians refused to cede to his request and instead demanded compensation of €200,000 from United.
Stephen Thompson, the Tannadice chairman, offered them €100,000 yesterday but withdrew the bid at 5pm after Bohemians rejected the move.
Fenlon last night consulted his legal advisers and is looking into whether he can walk away citing breach of contract for the unpaid money.
His relationship with Bohemians has soured to such an extent that he may resign and run the risk of a court case to clinch his dream job in the SPL.
“We can’t agree a compensation fee with Bohemians so we’ve withdrawn our offer and that’s the end of it as far as we’re concerned. It’s disappointing, but we’ll move on from here and take a look at other options,” said Thompson.
Thompson will now turn his attentions to other candidates, with Archie Knox, recently installed as assistant to Craig Brown at Motherwell, a candidate to take over in the interim.
Raith Rovers manager John McGlynn and Shamrock’s Michael O’Neill were also contenders, along with Fulham reserve coach Billy McKinlay so they will now come back into play.
Kilmarnock’s Jim Jefferies, whose future at Rugby Park is under threat, may also emerge as a possible alternative.
Thompson said: “We will have a think about the options available to us. Appointing an interim manager is something we may also look at.”
ok pat please go, does he actually think anybody wants him here? we won the league last 2 years in spite of him not because of him
irreplacable that is a drastic overeaction. i thank him for being a figurehead when we won the league but no, personally not a fan, i hope i'm allowed express an opinion.:rolleyes:
Paul Lennon (Daily Star) on BBC Radio Foyle just now claiming that it's 90% likely that Fenlon will resign and join Dundee Utd
There's a bit of a difference between Dundee United and Bohs. United have a better ground, bigger fanbase, more resources and have reached a European final in their history.
Edit: I know this post is on page 6 but it came up as the last post for me at the time I quoted it.
DUFC,s deadline and ending of negotiation would suggest a plan B re unpaid bonuses to Fenlon,what difference is there between 100 grand and not paying the six figure bonuses and 200grand and having to pay?
According to BBC radio Scotland this morning, nutsy was paid his owed bonuses last night thus ending any chance of him walking citing non-payments.
Bonus paid according to Scottish BBC radio.
http://boards.footymad.net/forum.php...mid=2123315821