Coach who stripped in front of female physio was sacked unfairly

Published on Wednesday 1 September 2010 18:25

A "HARD-man" football manager who stripped in front of a young female physiotherapist and made offensive remarks about her has won a legal action for wrongful dismissal.

John "Cowboy" McCormack was sacked by Hamilton Academical after only two months as assistant manager. The Scottish Premier League club cited several incidents, including his reducing youth players to tears and his behaviour towards the physiotherapist.

However, a judge ruled yesterday that the catalogue of complaints levelled against Mr McCormack had not justified his summary dismissal by the club.

Lord Woolman said at the Court of Session in Edinburgh that Hamilton should pay compensation, the amount to be settled at another court hearing.

Mr McCormack sued Hamilton for 93,334 over his short-lived term at New Douglas Park in 2008. The club had just won promotion to the top tier of Scottish football and chairman Ronnie Macdonald decided to appoint a 40,000-a-year assistant to manager Billy Reid.

They opted for Mr McCormack, a former player who had held several coaching and managerial posts with clubs such as Dundee, Morton and Albion Rovers. He was put in charge of the team at a pre- season tournament in Oban and although Hamilton lost in the final to Dundee United, his foul-mouthed antics on the touchline attracted unwanted attention.

After the final, Mr McCormack entered the dressing room with Jillian Galloway, 21, a part-time trainee physiotherapist, and told the players to "get your tackle out". He then undressed.

In subsequent incidents, Mr McCormack pulled a player's chair away, causing him to fall on the floor. He was alleged to have bullied young players and a father complained his son had been in tears on one occasion.

Another time, a trialist from the United States wept while on the end of a "ranting, raving and swearing" phone call from Mr McCormack.

In evidence, Mr McCormack said he merely encouraged players from the touchline, if using the odd swear word, and that bullying players would have been counter-productive.

He claimed the allegation of his stripping in front of the physiotherapist was a fabrication. He denied being rude and abusive on the phone to the trialist. It was the following day that he had been dismissed.

Lord Woolman said he "unhesitatingly" preferred the evidence of other witnesses to Mr McCormack's testimony where there was any conflict.

However, he thought it "curious" there was no written record of complaints against Mr McCormack, no written warnings issued, and no record of any oral warnings.

He said: "In my view, Mr McCormack's conduct in the dressing room and, in particular, the remarks made to and in the presence of Miss Galloway were wholly inappropriate.However, he apologised to her, the club did not issue a formal reprimand or warning and the behaviour was not repeated.

"I found the evidence he had bullied younger players to be unconvincing. In my view, the club secretary was probably correct to regard the prank with the chair as 'just a laugh'.

"In my view, all the incidents, taken together, did not justify summary dismissal … I hold he was wrongfully dismissed."