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The club dismissed the manager purportedly on the basis of clause 13 but no meeting of the board had been convened in respect of it, the dismissal being effected by the managing director personally and subsequently ratified by the board of the club.
Contract of employment Construction Wrongful dismissal Football manager summarily dismissed Breach of contract Whether pursuering material and repudiatory breach of contract Whether motive of defenders relevant Whether implied term that employers and employee have mutual trust and confidence in each other Whether employers in breach of implied obligation of good faith Whether pursuer could be dismissed only in terms of clause in contract Whether dismissal lawful
A football club in terms of a written contract of employment employed a New football manager. Clause 2.2 of the contract provided for a period or notice to be given in the event of its termination failing which a payment could be made by the club in lieu of notice.
Clause 13 provided for dismissal by means of notice in writing to the manager in the event that in the opinion of the board of the club any of certain situations arose.
The contract also provided for the manager to reside within a particular radius of George Square in Glasgow and for him to be present at the club’s premises on a regular basis. A previous board of directors of the club had appointed the manager.
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