Sala case

[North Cardiff Blue]

Re: Sala case

Didn’t he want to leave later because he wanted to go to Nantes training ground to say goodbye to his mates?

Yes, he did and tied up loose ends, he was making arrangements for someone to look after his dog as well before it could be brought over apparently.

[cityhammer]

Re: Sala case

If I owned a business and someone I employed for a specific purpose completed his job then at a later date he separately organised a doomed flight for an ex-employee then I wouldn’t expect to be liable for anything no?

It is ludicrous what we are doing and absolutely shameful. Nantes have acted poorly as well in their actions in terms of not contributing to the trust fund and chasing money immediately, but that is completely unrelated to what we are going after them for and not at all relevant.

When the dust settles on this, people will look back embarrassed at the stance they took on this.

Well lets see what happens in court.

[Undercoverinwurzelland]

Re: Sala case

If I owned a business and someone I employed for a specific purpose completed his job then at a later date he separately organised a doomed flight for an ex-employee then I wouldn’t expect to be liable for anything no?

I'm guessing the action the club took against McKay was partly to establish if he was simply acting as an agent for the deal or something more.

[TheBirchgrovePub]

Re: Sala case

I'm guessing the action the club took against McKay was partly to establish if he was simply acting as an agent for the deal or something more.

I still fail to see what difference this makes as he wasn’t a Nantes player at the time of the crash.

[JumpersforGoalposts]

Re: Sala case

I still fail to see what difference this makes as he wasn’t a Nantes player at the time of the crash.

As I understand it the claims before the court are that:
1. Within the context of French employment law Emiliano was still their employee at his time of death as the documents terminating his employment had not been lodged (or had been improperly lodged).
2. Given he was still their employee they owed him a duty of care that they neglected through their arrangements with a connected party to Nantes, i.e. the player agency involved and it's employee/representative who arranged an "illegal" flight.
3. As a result of Nantes negligence Cardiff City suffered financial losses, namely the transfer fee and related costs and the potential earnings from avoiding relegation from the Premier League.

[TheBirchgrovePub]

Re: Sala case

As I understand it the claims before the court are that:
1. Within the context of French employment law Emiliano was still their employee at his time of death as the documents terminating his employment had not been lodged (or had been improperly lodged).
2. Given he was still their employee they owed him a duty of care that they neglected through their arrangements with a connected party to Nantes, i.e. the player agency involved and it's employee/representative who arranged an "illegal" flight.
3. As a result of Nantes negligence Cardiff City suffered financial losses, namely the transfer fee and related costs and the potential earnings from avoiding relegation from the Premier League.

Thanks. Makes me a bit uneasy if I’m honest that we are trying to exploit a loophole of whether his registration was properly completed. Especially as pinning our hopes on Nantes using a dodgy agent that we freely used ourselves at that time.

Mainly just feel for the family as this continues to drag on.

David

[JumpersforGoalposts]

Re: Sala case

Thanks. Makes me a bit uneasy if I’m honest that we are trying to exploit a loophole of whether his registration was properly completed. Especially as pinning our hopes on Nantes using a dodgy agent that we freely used ourselves at that time.

Mainly just feel for the family as this continues to drag on.

David

I understand your view but this isn't about footballer registration, it's French employment law and the potential consequences of failing to exercise a proper duty of care to an employee.
When we finally get to a judgement the Sala family lawyers will likely take their own action if the court takes the view that he was still Nantes' employee and they were negligent in their dealings with him, even if the financial end of Cardiff City's claim fails.

[B. Oddie]

Re: Sala case

I feel very ashamed of the club.

[goats]

Re: Sala case

I feel very ashamed of Vincent Tan .

Corrected it for you….are you really surprised at anything he does?

[TWGL1]

Re: Sala case

I feel very ashamed of the club.

I would imagine any other club in the same circumstances would do exactly the same thing as Tan is currently doing, regardless of the ethical considerations.

Can you think of any club that wouldn’t , apart from Swansea City of course. They would be too preoccupied taking legal action against their former manager.

[dml1954]

Re: Sala case

Why are we continuing to drag this on? It’s embarrassing and crass. He was our player. What am I missing?

After all this time and with all the publicity surrounding the case it is amazing that someone can still be so ill informed. You have totally missed the point that Nantes and their (illegal ?) agent are alleged to have arranged the flight. It doesn't matter who Sala belonged to at the time of his death, if that fact is held to be true then Nantes were negligent and liable for City’s losses. Using this case to continually have a go at battering the club is ridiculous.

[dml1954]

Re: Sala case

I understand your view but this isn't about footballer registration, it's French employment law and the potential consequences of failing to exercise a proper duty of care to an employee.
When we finally get to a judgement the Sala family lawyers will likely take their own action if the court takes the view that he was still Nantes' employee and they were negligent in their dealings with him, even if the financial end of Cardiff City's claim fails.

It has already been established in a separate case that Sala was City’s player at the time of his death. That is irrelevant in what is going on now. If Nantes and Mckay are found to have arranged the flight (which was illegal) and bearing in mind McKay was not a licensed agent in France at the time, then they were negligent and would be liable for City’s losses.

[dml1954]

Re: Sala case

If I owned a business and someone I employed for a specific purpose completed his job then at a later date he separately organised a doomed flight for an ex-employee then I wouldn’t expect to be liable for anything no?

It is ludicrous what we are doing and absolutely shameful. Nantes have acted poorly as well in their actions in terms of not contributing to the trust fund and chasing money immediately, but that is completely unrelated to what we are going after them for and not at all relevant.

When the dust settles on this, people will look back embarrassed at the stance they took on this.

What is shameful is you continually quoting ‘facts’ that you have no idea whether they are true and using it to batter the club. If you bought an expensive car and paid for it in advance and then the garage arranged an unlicensed/illegal contractor to take it to you but it fell off the delivery lorry and was written off, you would sue the living daylights out of everybody you could to get your money back plus damages, loss of income, compensation and anything else your lawyer thought you could get. And yet, you expect us to believe that you would just shrug and say ‘cest la vie’ ? Nonsense.

[light up the darkness]

Re: Sala case

I can see Cardiff winning the case to some extent, but I can't see £100M being awarded on "What might have happened".
There is no guarantee that we would have stayed up with Sala - he might have got injured first game

The club have employed expert witness that states we would have had a 52-56% chance of staying up.iirc

The 100 million claim is probably an opportunity for Nantes to settle.

Either way Nantes are in trouble with the FFA

[light up the darkness]

Re: Sala case

We have not heard yet about the role that Warnock played in terms of pushing through this transfer and his dealings with the illegal agents.

It could be that UEFA go after him for conspiracy

Anyway. Nantes have until September to respond