Tim Sheens is proceeding with legal action

A

alexaki

New member
Ahh Sheenius…I wonder if WT can counter sue for non performance. :sign:

FORMER Wests Tigers coach Tim Sheens is pressing ahead with legal action against the club, with a Supreme Court hearing to include expert and accounting evidence as well as a series of witness statements.

Sheens took action against the club after he was sacked following a 10th-place finish in the 2012 season but had been on a $450,000 a year contract until the end of 2014.

The club stopped paying him last July amid their own financial difficulties, sparking the action for the remainder of the money that Sheens will in court claim he is entitled to.

A brief directions hearing of the case heard Sheens has to serve witness statements on the club by the end of this week.

In turn the Tigers must serve statements on him by April 11, before the case returns to court again.

The court’s registrar was told expert accounting evidence will be relied on by both sides.

“This a process legal advisors need to take,” Wests Tigers chief executive Grant Mayer said.

“It is in the hands of our lawyers and we are being kept up-to-date where and when is necessary.”

Previously, it has been suggested Sheens wants an amount believed to be in the vicinity of $600,000 to $1 million.

Sheens remains head coach of the Australian Kangaroos, which won the World Cup late last year.

The case returns to court on April 29 for a brief directions hearing.

http://www.dailytelegraph.com.au/sport/nrl/former-tigers-coach-tim-sheens-is-proceeding-with-legal-action-against-the-club/story-fni3gpz1-1226851741050
 
@alexaki said:
Ahh Sheenius…I wonder if WT can counter sue for non performance. :sign:

FORMER Wests Tigers coach Tim Sheens is pressing ahead with legal action against the club, with a Supreme Court hearing to include expert and accounting evidence as well as a series of witness statements.

Sheens took action against the club after he was sacked following a 10th-place finish in the 2012 season but had been on a $450,000 a year contract until the end of 2014.

The club stopped paying him last July amid their own financial difficulties, sparking the action for the remainder of the money that Sheens will in court claim he is entitled to.

A brief directions hearing of the case heard Sheens has to serve witness statements on the club by the end of this week.

In turn the Tigers must serve statements on him by April 11, before the case returns to court again.

The court’s registrar was told expert accounting evidence will be relied on by both sides.

“This a process legal advisors need to take,” Wests Tigers chief executive Grant Mayer said.

“It is in the hands of our lawyers and we are being kept up-to-date where and when is necessary.”

Previously, it has been suggested Sheens wants an amount believed to be in the vicinity of $600,000 to $1 million.

Sheens remains head coach of the Australian Kangaroos, which won the World Cup late last year.

The case returns to court on April 29 for a brief directions hearing.

http://www.dailytelegraph.com.au/sport/nrl/former-tigers-coach-tim-sheens-is-proceeding-with-legal-action-against-the-club/story-fni3gpz1-1226851741050
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Good luck to him.

_Posted using RoarFEED 2013_
 
Unless the Tigers had some sort of performance clause, which he did not meet, I don't see the club having too many legs to stand on. The only other option is that the club had an action where he could be forced to take on another role (which was offered) and he refused, allowing them to cease pay and terminate his contract. But from previous occasions with management who knows, we might just have been dumb enough to allow this to happen and simply don't have the funds.

My guess is the above and no agreement on a pay out was made. The club tried to play hard ball and threw in the old "see you in court" line, Sheens is a stubborn old fart and said "see you there." Daybreak. We're heading to court!

If only Harry could throw us some spare change from the bottom of his cupboard to pay out this old fool!!!

_Posted using RoarFEED 2013_
 
Hmm….. I also wonder if you can sue for non-performance....

Didn't he say If they didn't make the 8 in 2012 he'd give it away anyway?
 
@underdog said:
Hmm….. I also wonder if you can sue for non-performance....

Didn't he say If they didn't make the 8 in 2012 he'd give it away anyway?
Click to expand...

I keep reading this but I do not recall him saying it….you need it in writing anyway I think.

While I hate him with a passion, I would do what hes doing now

rip in
 
I recall that Sheens used his influence to get rid of a previous CEO (was it Longmuir?) who decided there should be key performance indicators (KPIs) to measure his effectiveness as coach. Well, here are some KPIs I would trot out as a measure of his ineffectiveness: he let Andrew Fifita go to Cronulla and he has since represented his state and country and is rumoured to be about to sign a massive contract with the Doggies (i.e.he FAILED to bring out the best in a "local junior" through his shocking player management skills); he kept selecting Benji Marshall week in and week out despite a history of underachievement. Benji, of course has left for the greener pastures of Super Rugby and couldn't crack it for a spot in the squad last week (i.e. Sheens showed too much faith in a dud player); he did not manage the egos of Marshall, Farah and others such that they could get over their differences and do the best for the club (i.e. Sheens played favourites with Marshall and refused to accept the advice of senior players that Marshall was a weakness, not a strength in trying to build a consistent and winning culture at the club)/ Sheens is all about contractual entitlement NOT being held to account for the shocking underachievement of the side he coached in the latter part of his tenure at the club.
 
Your kpi's mean squat.
We signed him again for some unknown reason and then terminated it early. He is owed. If you want to blame someone blame our management. Sheens is not the bad guy here.
 
No we cant rely on "non-performance" unless there was a clause in the contract providing he would meet certain standards. For example, Sydney FC must come 4th or higher this year. If not they can terminate Frank Farina's contract. There is no such clause in Sheens contract from all reports.

This case will ultimately depend upon evaluation of damages. Sheens had a duty to mitigate his loss. His decision not to accept the alternative role offered by the club may go to that issue.

Although it appears the club was in breach by terminating, without viewing the terms of the contract, I suspect the club has the better position on damages.

I wouldnt want to run this case if I was Tim.

_Posted using RoarFEED 2013_
 
@tigertye said:
Unless the Tigers had some sort of performance clause, which he did not meet, I don't see the club having too many legs to stand on. The only other option is that the club had an action where he could be forced to take on another role (which was offered) and he refused, allowing them to cease pay and terminate his contract. But from previous occasions with management who knows, we might just have been dumb enough to allow this to happen and simply don't have the funds.

My guess is the above and no agreement on a pay out was made. The club tried to play hard ball and threw in the old "see you in court" line, Sheens is a stubborn old fart and said "see you there." Daybreak. We're heading to court!

If only Harry could throw us some spare change from the bottom of his cupboard to pay out this old fool!!!

_Posted using RoarFEED 2013_
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Whilst it wasn't in the contract, does everyone remember him at the press conference saying if we don't make the finals… He will stand down?

_Posted using RoarFEED 2013_
 
@phil1986 said:
@tigertye said:
Unless the Tigers had some sort of performance clause, which he did not meet, I don't see the club having too many legs to stand on. The only other option is that the club had an action where he could be forced to take on another role (which was offered) and he refused, allowing them to cease pay and terminate his contract. But from previous occasions with management who knows, we might just have been dumb enough to allow this to happen and simply don't have the funds.

My guess is the above and no agreement on a pay out was made. The club tried to play hard ball and threw in the old "see you in court" line, Sheens is a stubborn old fart and said "see you there." Daybreak. We're heading to court!

If only Harry could throw us some spare change from the bottom of his cupboard to pay out this old fool!!!

_Posted using RoarFEED 2013_

Whilst it wasn't in the contract, does everyone remember him at the press conference saying if we don't make the finals… He will stand down?

_Posted using RoarFEED 2013_
Click to expand...
Click to expand...

That was in relation to 2010 and we made the finals that year.

_Posted using RoarFEED 2013_
 
http://m.smh.com.au/rugby-league/league-news/benji-threatened-to-quit-tigers-20110219-1b07u.html

Can we get over the whole Sheens promised to quit thing now? It was an earlier year not 2012.

_Posted using RoarFEED 2013_
 
@underdog said:
Hmm….. I also wonder if you can sue for non-performance....

Didn't he say If they didn't make the 8 in 2012 he'd give it away anyway?
Click to expand...

Pretty sure he said that at the start of 2010.
 
Not a good look for the club at all, but Sheens is entitled to be paid what he is owed.
 
Left field thinking …. If potter doesn't get results by round 6 relegate him to coach NSW cup and force/bring in sheens to finish his contract... If he goes well who knows.... Lol

_Posted using RoarFEED 2013_
 
The bloke is a stubborn, bitter, fossil. No club has gone close to touching him the last 18 months, i wonder why?!?! I bet e doesn't work in the NRL again, he is finished, and he is finished because of the mess he left WT in.

His methods ran this club into the ground the last couple of years. He should have the decency to just walk away and say he failed to meet his own standards. He said several times if he didn't make finals he would walk away, but a load of garbage that was.

Now he is bleeding the club dry for every last cent for being sacked. Sometimes coaches dont last 1 or 2 seasons, he lasted 10 and made 3 finals series. Ive lost a huge amount of respect for the guy the way he has carried on. WT picked him up off the coaching scrapheap, and he did a great job at times in the early days. He did a lot of great things for this club. However for me he has lost all respect with this.

People can say a contract is a contract and bla bla. He failed and he failed several times, often with good sides, just go away Sheens.
 
the club wouldnt cease payments without a good legal backing behind it.

we havent read the contract, the club has. It's iffy whether we will win the case, but there must be some basis for us to be prepared to take it to the supreme court.
 
Why is Sheens contract more valid than the players he told to go mid-contract over the years? Not that I think Sheens should give up and forget the money. But it does sound a bit hypocritical to expect everyone to respect and value his contract but players just to pack up and go whenever he felt they were no longer needed.

And if a coach has that power over players, to send them on mid contract when they are surplus, surely the board has that power over the coach?

Again, I'm not saying Sheens doesn't deserve to fight for the money.
 
@pHyR3 said:
the club wouldnt cease payments without a good legal backing behind it.

we havent read the contract, the club has. It's iffy whether we will win the case, but there must be some basis for us to be prepared to take it to the supreme court.
Click to expand...

Either that, or they just got so irked with having to pay Sheens for two years for doing nothing they just thought stuff it, and damn the consequences.
 
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