Jump to content

Ex Chief Exec - Dave Clark


Twerto
 Share

Recommended Posts

3. If Mr Clark was going to resign, he would have done that and not got his lawyers involved.

 

Really?

 

How can you be so sure?

 

Just a matter of common sense, I would have thought. Whenever I have resigned from a job, all it has taken has been a letter to my employers.

 

Perhaps he does have the integrity not to try to screw the SIC for as much as he can. We'll just have to wait and see.

 

In terms of integrity, several councillors have shown a marked and continued lack of integrity in their dealings with Mr Clark. I would regard any settlement that has the actions of these councillors as its basis as nothing other than them being held to account for their actions.

 

But its all just supposition for now, until the result of the meeting is released.

 

Edit: Looks like we might have to wait a wee while for the result!

http://www.shetland-news.co.uk/2010/February/news/All%20quiet%20about%20Clark.htm

Link to comment
Share on other sites

  • Replies 2.4k
  • Created
  • Last Reply

Top Posters In This Topic

"If it were done when 'tis done then 'twere well it were done quickly-----" (Macbeth)

In a month or two Clark will have been in his job for more than a year and will have acquired the right not to be unfairly disnissed. If tey sack him then and he thinks he has a case he could go to an employment court. His case would be heard in public. The Sun would have a field day and probably more at the expense of the council than Clark. Is that what they want? Is that what the people of Shetland need?

 

Councillors, get on with it!!!

Link to comment
Share on other sites

1. I'm certainly no expert on employment law, but I would be very surprised if employers can discipline employees after employees have started a process involving lawyers when employers have not started any such process beforehand.

 

So the official complaint in to the CE's conduct, lodged in December and signed by, if I remember rightly, six councillors, and still pending. Doesn't constitute any form of disciplinary process than, does it!?

Link to comment
Share on other sites

FYI

 

The reason that the lawyers are involved is because the max payout for unfair dismissal was~£80 with the average <£10k (3 months salary) however this comes with publicity.

 

Negotiating terms usually secures at least a years salary and no publicity QED the lawyers are getting the best deal for their client.

 

It was noticeable tonight that SIC Councillors have finally realised that they are employers and as such cannot speak 'freely' to the press.

 

My pennyworth so feel free to disagree!

Link to comment
Share on other sites

"If it were done when 'tis done then 'twere well it were done quickly-----" (Macbeth)

In a month or two Clark will have been in his job for more than a year and will have acquired the right not to be unfairly disnissed. If tey sack him then and he thinks he has a case he could go to an employment court. His case would be heard in public. The Sun would have a field day and probably more at the expense of the council than Clark. Is that what they want? Is that what the people of Shetland need?

 

Councillors, get on with it!!!

 

I can see your point, Sheona, and I am sure many people will agree with you. But it was too late for that even at the beginning of December, with the Shetland Times of 3rd December stating that:

"Mr Riise says that the council would be “legally vulnerable†if the chief executive were to be dismissed".

http://www.shetland-news.co.uk/2009/December/news/Clark%20asks%20convener%20to%20control%20councillors.htm

 

1. I'm certainly no expert on employment law, but I would be very surprised if employers can discipline employees after employees have started a process involving lawyers when employers have not started any such process beforehand.

 

So the official complaint in to the CE's conduct, lodged in December and signed by, if I remember rightly, six councillors, and still pending. Doesn't constitute any form of disciplinary process than, does it!?

 

I have never seen it suggested that any form of disciplinary action was started after the complaint, and I would not think that the complaint itself would constitute any form of disciplinary process.

Link to comment
Share on other sites

FYI

 

The reason that the lawyers are involved is because the max payout for unfair dismissal was~£80 with the average <£10k (3 months salary) however this comes with publicity.

 

Negotiating terms usually secures at least a years salary and no publicity QED the lawyers are getting the best deal for their client.

 

It was noticeable tonight that SIC Councillors have finally realised that they are employers and as such cannot speak 'freely' to the press.

 

My pennyworth so feel free to disagree!

 

so if they speak out and tell his solictors to go and take a jump they would at worst pay 10k. but if they play the game and stay quite and let him talk himself into a settlement he gets 90k.

 

maybe sometimes its better to stand up to bullies even if it costs a bit more in the end. if folks learn that the council are going to roll over at the sound of lawyers voice then everyone is going to do it.

 

thats if the council were to lose an unfair dismissal case. he has not got a spotless record so i can't see any sensible tribunal giving him anything like the maximum if anything.

 

i would rather see the money spent fighting this case than just giving in.

Link to comment
Share on other sites

don't disagree but chickens coming home to roost do not sit well with our elected. For them, behind closed is always best, lest someone point the finger of responsibility at them!

 

The legal position on the health and safety issue and whether this would allow him to challenge a dismissal now is far from clear cut. But anyway my betting is on a settlement because if ther's one thing our council is good at, it's spending other peoples money.

Link to comment
Share on other sites

maybe sometimes its better to stand up to bullies even if it costs a bit more in the end.

 

It's a good point. But the problem for the council is that there isn't any evidence to show Mr Clark bullying anyone. There is, however, a vast amount of evidence to show Mr Clark being bullied by councillors.

 

i would rather see the money spent fighting this case than just giving in.

 

I expect lots of folk will feel like that, and the council might choose to do that yet, it will be interesting to see.

Link to comment
Share on other sites

The H&S issue is relevant wrt to induction, policies and procedures et al will give a get out clause second to none. However, the biggest get out that Big Dave has is the lack of understanding of individuals Counsillors wrt being his employer. Ergo a pay-off, although unpalatable (and probably unacceptable to most) is the most likely outcome.

 

If it's an concilation this sticks in my craw as if I, at work, can't perform, I would be sacked without any reconpense.

 

One rule for those with a brass neck and one for the rest of us!

 

D

Link to comment
Share on other sites

i don't think he is. i am sure mailander does not want to see any money being thrown away so that the council can have a quite life.

 

i think some squirming and grovelling from those who should know better for letting this drag on would be in order.

 

if they are getting shut now because they are scared with what the audit and standards will find maybe he should stay in post and do his job. if he does not like the job he can always walk away.

Link to comment
Share on other sites

1. I'm certainly no expert on employment law, but I would be very surprised if employers can discipline employees after employees have started a process involving lawyers when employers have not started any such process beforehand.

 

So the official complaint in to the CE's conduct, lodged in December and signed by, if I remember rightly, six councillors, and still pending. Doesn't constitute any form of disciplinary process than, does it!?

 

I have never seen it suggested that any form of disciplinary action was started after the complaint, and I would not think that the complaint itself would constitute any form of disciplinary process.

 

Are you suggesting that disciplinary action should be initiated before a complaint is fully investigated? Where's "innocent until proven guilty" in that?

 

Six councillors signed an official complaint which was submitted back in December, alleging at least three counts of professional misconduct by Clark. That complaint has not been fully investigated yet, and consequently no disciplinary action has yet been taken, nor should any be until and unless said investigation is complete and the charge(s) found to be valid. The charge in and of itself may not necessarily form an integral part of any disciplinary process, but it is the essential precursor to accessing any disciplinary process that may be deemed appropriate in the circumstances of the alleged misconduct. Without passing through the process of lodging an official complaint, and having the charges alleged within that official complaint proven, the application of any disciplinary action, I would think, would be illegal.

 

Surely where an employee has an official complaint pending against them by their employers, if the employee chooses to leave their position prior to the complaint being investigated and findings given, it is either because they suspect said complaint will stick, and they are jumping before they are pushed, or, for reasons best known to themselves they are of the opinion that it is better to take whatever little they can get and run, rather than have sundry skeletons rattled to clear their name.

 

Either way, it should give the employer the upper hand in severance negotiations. Choosing to leave while unresolved professional conduct issues are still hanging over your head, makes you a considerably lower value asset than if you leave with a spotless professional record.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
 Share


×
×
  • Create New...