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I cant believe what I am reading on this subject, Montano bragged on camera how he tried to get booked, how he ran round kicking people!

 

The club including Barry were 100% accurate in sacking him, I don't care what the police say he is on film confessing to the whole thing.

 

Unless you've seen the whole video he could use the "I was trying to entrap him" defence, he didn't get booked in the game he was supposed to get booked in so it could be argued that he didn't commit an offence. Sucks but that's the law.

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Lets get down to brass tacks. The Club could sack Montano whether or not the tape was real. It could do it without the tape. The tape could be editted to show him saying it and not being asked to to prove something.

The bottom line is it has now been shown to operate with double standards, having bought itself into disrepute by its own operating standards.

If they had applied their own standards, due dilligence,kept the promise not to bring in players who would disrupt the team, or bring in players on the word of another (Barry keeping in touch with MAssey seems to fall into that standard) then the question of Montano would not arise.

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Unless you've seen the whole video he could use the "I was trying to entrap him" defence, he didn't get booked in the game he was supposed to get booked in so it could be argued that he didn't commit an offence. Sucks but that's the law.

Regardless, what he said on that video brought the club into disrepute.

 

He deserved his sacking and, regardless of the charges being dropped, I'm glad he'll never wear a Latics shirt again.

 

Mind you, if he'd been charged and convicted, Barry probably would have been all over him like a cheap suit!

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Montano is on film clearly admitting that he was deliberately trying to get booked, that in itself is an act contrary to the best interests of his employer. Therefore we have no issue as far as I can see for sacking him on the grounds of gross misconduct.

 

That misconduct only becomes a criminal offence if / when it can be proved that i) he made a gain or caused another to suffer a loss due to his dishonest act, or ii) that he entered into an agreement (a conspiracy) with another to carry out a dishonest act to make a gain for himself / cause loss to another.

 

Therefore it is perfectly conceivable that we can sack him, but there not be enough evidence to prosecute him, yet both decisions still be correct.

Edited by mcgoo_84
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Unless you've seen the whole video he could use the "I was trying to entrap him" defence, he didn't get booked in the game he was supposed to get booked in so it could be argued that he didn't commit an offence. Sucks but that's the law.

Yes he did, he was supposed to get booked in the first half but could only get booked in the 2nd. http://www.bbc.co.uk/sport/0/football/24529508

 

It's an interesting one, whilst it is totally conceivable that despite all charges being dropped and us still being allowed to sack him for gross misconduct can co-exist. There's a lot of nuances about the issue.

 

1.) We fired him for the betting, his rape allegation, had no role in the matter, as was publicised on our website. (It wasn't made clear about the alleged driving a car without a license/insurance). Something I thought was very stupid at the time.

2.) He is a Columbian so can claim the racial discrimination element of unfair dismissal without the 2 years service normally required for normal unfair dismissal.

3.) A director, who was the one who probably fired him if the club have any sense, Corney should have heard the appeal. Is on record and in front of millions as saying he is very strongly in favour of rehabilitation, but Montano who let's not forget has not actually been convinced of a crime was fired without any offer of rehabilitation

4.) Montano was the only one of the accused to be fired without seeing his contract out. That can actually provide the basis of "A reasonable employer" which is key to employment law.

5.) Additionally, we are on record as being one of the few employers to offer the convicted rapist a job, so it becomes harder to claim we acted reasonably in both instances.

6.) Whilst Montano's possible claim for unfair dismissal would have normally expired by now, the new evidence of the official element of a set-up by the Fake Sheikh as well as us attempting to hire Evans, and only not doing so for reasons not connected to his criminal status (the loss of sponsors and the threats), mean that it might not be.

7.) The likelihood of getting our legal costs back even if Montano lost his employment tribunal would be very slim. As costs are only very rarely awarded in Employment Tribunals and it would have to be spurious to happen, a decision that is unlikely to be made. The one advantage we have is Employment Tribunals are no longer free, Cheers Cameron for that one.

 

If we did everything by the book I'd think we would eventually be successful in an Employment Tribunal or an Employment Appeals Tribunal. It wouldn't be free though, although the same applies to Montano. That like others have said is a massive if and given the recent events as well as others under the same leadership I wouldn't be all that confident we did everything by the book, point 1 being an example of where we differed from the book.

 

Fortunately, it becomes a lot easier to argue that not renewing his contract, which was due to expire this summer, was a reasonable option, that should limit any pay out we would have to make.

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Some interesting points here regarding actions an employer can take against an employee facing court action including

 

http://www.thirdsector.co.uk/deal-employees-may-committed-criminal-offences-facing-charges/governance/article/1164751

 

'Very often employees will either be unwilling or unable to participate in disciplinary proceedings while criminal charges are pending. However, there is no rule that an employer should continue to employ and pay them until the criminal matters are concluded. After all, that could take some time.

Ultimately, will be for the tribunal to consider whether the employer acts reasonably in proceeding with disciplinary action. Factors such as the size and nature of the employer’s business, and whether it could reasonably cope with the employee’s continued absence will be considered, as will any provisions of the employer’s handbook.'

 

'Tribunals have upheld as fair dismissals of employees facing charges of murder and sexual abuse, even where no case was ever proved against them.'

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Yes he did, he was supposed to get booked in the first half but could only get booked in the 2nd. http://www.bbc.co.uk/sport/0/football/24529508

 

I commented at the end of the first half that Montano would probably be substituted because he was acting recklessly, as though he was hell-bent on getting sent off.

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Yes he did, he was supposed to get booked in the first half but could only get booked in the 2nd. http://www.bbc.co.uk/sport/0/football/24529508

 

It's an interesting one, whilst it is totally conceivable that despite all charges being dropped and us still being allowed to sack him for gross misconduct can co-exist. There's a lot of nuances about the issue.

 

1.) We fired him for the betting, his rape allegation, had no role in the matter, as was publicised on our website. (It wasn't made clear about the alleged driving a car without a license/insurance). Something I thought was very stupid at the time.

2.) He is a Columbian so can claim the racial discrimination element of unfair dismissal without the 2 years service normally required for normal unfair dismissal.

3.) A director, who was the one who probably fired him if the club have any sense, Corney should have heard the appeal. Is on record and in front of millions as saying he is very strongly in favour of rehabilitation, but Montano who let's not forget has not actually been convinced of a crime was fired without any offer of rehabilitation

4.) Montano was the only one of the accused to be fired without seeing his contract out. That can actually provide the basis of "A reasonable employer" which is key to employment law.

5.) Additionally, we are on record as being one of the few employers to offer the convicted rapist a job, so it becomes harder to claim we acted reasonably in both instances.

6.) Whilst Montano's possible claim for unfair dismissal would have normally expired by now, the new evidence of the official element of a set-up by the Fake Sheikh as well as us attempting to hire Evans, and only not doing so for reasons not connected to his criminal status (the loss of sponsors and the threats), mean that it might not be.

7.) The likelihood of getting our legal costs back even if Montano lost his employment tribunal would be very slim. As costs are only very rarely awarded in Employment Tribunals and it would have to be spurious to happen, a decision that is unlikely to be made. The one advantage we have is Employment Tribunals are no longer free, Cheers Cameron for that one.

 

If we did everything by the book I'd think we would eventually be successful in an Employment Tribunal or an Employment Appeals Tribunal. It wouldn't be free though, although the same applies to Montano. That like others have said is a massive if and given the recent events as well as others under the same leadership I wouldn't be all that confident we did everything by the book, point 1 being an example of where we differed from the book.

 

Fortunately, it becomes a lot easier to argue that not renewing his contract, which was due to expire this summer, was a reasonable option, that should limit any pay out we would have to make.

 

 

I get the feeling that if Alan Hardy had been here, it would have been handled a bit better.

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Isn't this a complete non-starter? Unfair dismissal requires two years of employment, we signed him August 2012 and was sacked December 2013?

 

I was, and still am, happy with the way we dealt with this. On the balance of probabilities, his behaviour that was recorded is gross misconduct, whether or not the Sheikh is dodgy.

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Isn't this a complete non-starter? Unfair dismissal requires two years of employment, we signed him August 2012 and was sacked December 2013?

 

I was, and still am, happy with the way we dealt with this. On the balance of probabilities, his behaviour that was recorded is gross misconduct, whether or not the Sheikh is dodgy.

I think the club's decision to sack him was right but it doesn't sound as if it was handled at all properly, based on the Independent article. Refusing to follow procedures, refusing to allow the employee to have his legal representative there and asking his union rep to leave part way through is all very reckless.

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I think the club's decision to sack him was right but it doesn't sound as if it was handled at all properly, based on the Independent article. Refusing to follow procedures, refusing to allow the employee to have his legal representative there and asking his union rep to leave part way through is all very reckless.

Although the club certainly gave the impression that they took legal advice throughout.

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I commented at the end of the first half that Montano would probably be substituted because he was acting recklessly, as though he was hell-bent on getting sent off.

 

I was apoplectic in the dying stages of the first half when, after a Wolves corner was cleared to the edge of our own penalty area, Montano failed to use what was essentially the freedom of Molineux and hit them on the break. He instead opted to slow down, cut back, and lost the ball.

 

At the time I thought it was symptomatic of the negative way we had set out that evening (none up front, although LJ would have you believe we played three up front), but in hindsight I remain highly suspicious after the nature of the allegations made.

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