Hearts are cleared of failing to act in good faith over wages payment
Hearts have been cleared of 'failing to act in good faith'. Picture: SNS
HEARTS have been cleared by an SPL Board sub-committee of a charge of “failing to act with the utmost good faith” in their dealings with the league over the payment of players’ salaries.
The Tynecastle club had been accused of not complying properly with a ruling that they should pay their players on time on 16 January, but the sub-committee found that, although some salaries did not arrive until the 17th, Hearts had acted in a manner which showed they were acting in good faith.
The charge arose from an SPL ruling at the start of the year after 14 players had complained through their union about the late payment of their salaries in the last three months of 2011. The league ruled on 4 January that Hearts should pay the outstanding December salaries within seven days – in the event, they did so within hours – and that they should pay subsequent salaries in time on the 16th of each month.
Hearts insisted last week that they had done that, but an SPL spokesperson suggested they had provided evidence of their failure to do so. The difference of opinion appeared to centre on when the money was expected to clear into the players’ bank accounts.
Hearts argued that they had processed all payments on the afternoon of the 16th and could not be held responsible if certain banks took longer to clear the funds: the SPL’s apparent interpretation was that the terms of their employees’ contract obliged the club to ensure the money was available on the 16th. It was an apparently minor difference, but the SPL seemed intent on applying the letter of the law.
Yesterday, however, the sub-committee decreed that, although the letter of the law had indeed been breached, that did not mean Hearts had acted in bad faith. The club, which could have been punished by a fine or a points deduction if found guilty, was therefore cleared.
“An SPL board sub-committee determined that for the club to have complied with the order of 4 January, it had to have the players’ wages in the players’ bank accounts and available for their use by not later than midnight on 16 January,” a league statement said yesterday. “In fact the wages did not reach the players’ bank accounts until the morning of 17 January.
“However, the sub-committee found that the club’s directors believed that, by irrevocably instructing their bank on 16 January, that was sufficient to make payment and comply with the order. Because the club’s directors believed that they were complying with the order, Heart of Midlothian were acting in good faith. Accordingly the charge against the club was dismissed.”
The Hearts players who had brought the complaint said last week that, now their wages were up to date, they did not want their club to be punished. Manager Paulo Sergio had argued it would be unfair to deduct points, as that would be inflicting a second punishment on players who had already had to cope with financial problems since October.
Yesterday a Hearts spokesperson said: “We are satisfied at today’s outcome. Both the SPL and ourselves worked constructively to assess the circumstances that led to the hearing and we can now move on, having resolved the situation.”
• Hearts goalkeeper Jamie MacDonald has signed a new deal with the club. The 25-year-old’s contract was set to expire at the end of the season, but he has now agreed a two-year extension.
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Comments
There are 71 comments to this article
Page 1 of 5
Harry Palmer
Sunday, January 29, 2012 at 10:39 PMWhy does this rag always ask that bitter Hibby Bathgate to wright about the world famous Jam Tarts?
Safety
Sunday, January 29, 2012 at 12:57 PMTwo things spring to mind about the SPL’s handling of this affair. 1st is the poor quality drafting of their initial judgement and what was required to satisfy them. Therefore it was able to be understood in two ways, one by them and one by Hearts. Obviously the only reason the SPL are not pursuing this any further is that Hearts were legally correct and the SPL were wrong. Very similar to the way that Celtics brief ripped them apart. Have they learnt nothing? The second is they obviously could not wait to come after the Hearts and this shows they are anything but impartial. Only their own ineptitude has stopped them. Neither of these two points shows them in a good light and means it is no surprise that Scottish football is in decline while being run by these incompetents. Regardless of what team you support.
Duke of Cumberland
Saturday, January 28, 2012 at 10:12 PM#65 TommyTommy Tightfisted How lucky were hibs today. The ref stopped it from being a cricket score. Just as well it was a Rangers second string.
Baldrick
Saturday, January 28, 2012 at 09:51 PMI think I'm right in saying Hibs could slip to the bottom of the league this week. McPake's certainly got his work cut out. Celtic heading for the Giro soon. Fully expect us to (reluctantly) do Rangers a favour mid-week.
VladMagic
Saturday, January 28, 2012 at 09:41 PM#65 Thats interesting but I know you are lieing:) AGAIN:0) Amazing what you learn over the dinner table and a glass of Barolo.
Hen Broon
Saturday, January 28, 2012 at 08:14 PMTight ar$e .....don't U go anywhere .......U & vile Tom make it all worthwhile......keep it up moochachos Tee Hee Hee!
Tightfisted
Saturday, January 28, 2012 at 07:58 PM#52 HAMMY What a plonker you are. TT is a great and interesting read here, and like all prophets...... but make no mistake...I am not he..............I am simply your worst enema.....determined to take the urine from you excreta orifices......and I WINNA go away !! TEE HEE HEE !!
Atholl Brigade
Saturday, January 28, 2012 at 06:40 PMGreat start by Hibs new defender. Red card in first game and a 4-0 thumping. Felton is certainly making a difference.
Hen Broon
Saturday, January 28, 2012 at 06:27 PMRUDOLF..... iam well aware that the real fans do not need to spell it out to them hence why i referenced the posters on the forums........I read even posters I respect(were U not one of them?) saying that the signing of McPake was exactly what Hibs needed. No what Hibs needed was the signing of WEBSTER when he was there for the taking when Hibs could afford him or the signing of Goodwin when a bit of leverage was required.
busbyfth
Saturday, January 28, 2012 at 05:48 PM# 60 Rudolph - Rangers are there for the taking - even in the early part of the season they were converting a huge percentage of chances into goals. That cannot last if luck runs out. GOC and LG missing today took away all chance FFFHibs had of winning.....ironically - both were absent due to mental lapses - diving yet again and making gestures yet again.
busbyfth
Saturday, January 28, 2012 at 05:45 PMLoads of Hearts players will be away in January on frees and cancellation of contracts. No one with contracts ending soon will be re-signed. All Hearts best players will be sold by 31st January. Am I missing something ? Oh aye - and Jamie MacDonald just signed a new contract..............................
Rudolf Hucker
Saturday, January 28, 2012 at 05:42 PM#58tott...if you think the Hibs fans don't know what's happening you must be as thick as Tommy. You think a wind up forum like this is of any consequence?....It sounded like Hibs played okay today, lots of chances which you have to take against teams like them....I'll leave you with your knumbskull pals to cream yourselves in your sad lacking lives.
busbyfth
Saturday, January 28, 2012 at 05:41 PM# 58........Nero springs to mind - busy taking pot shots at other things while his own city burned. Ostrich syndrome (nothing's wrong with us as long as the team that we have a fixation for, is allegedly in deep 5hit)
Hen Broon
Saturday, January 28, 2012 at 05:33 PMJoking apart & putting aside all the petty point scoring (no one more guilty than me today....I blame not getting my fitba fix & deciding to mult task....IE listening to theradio & working) how the fck can Hibs supporters fail to see the state their FOOTBALL team is......not their balance sheet......not their Staduim......not their Academy ...their football team. THAT IS WHAT IT IS ALL ABOUT (i know I'm shouting but they R not listening)They bring in an 'on loan' a player who cannot get a game for the team bottom of the Championship & make him Captain for his first game.....he won't even know the players names! What a total farce. No wind up ....no point scoring just telling it as it is. When is a green & white poster going to see that the King has no clothes on????
waspy100
Saturday, January 28, 2012 at 05:23 PMWee Pat must stay.
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