Dismissed: John McCormack was sacked from Hamilton Pic: © SNS Group
The former assistant manager of Hamilton Accies who told his players to "get their tackle out" in front of a female physiotherapist has won his claim for wrongful dismissal against the SPL club.
John 'Cowboy' McCormack - who the court heard had a hard man reputation in Scottish football - was sacked for alleged gross misconduct following a string of incidents.
The former Dundee, Albion Rovers, Queen's Park, Greenock Morton and Clyde boss had only been in the job for two months before he was forced out. He had been appointed as manager Billy Reid’s assistant in June 2008 in what he claims was a two-year deal, but the appeal judge said he believed it was only a year’s contract.
The court heard that Accies manager Mr Reid was aware that Mr McCormack had a reputation in football as a coach who was heavy on players at the time of the appointment. Within days of getting the job, Mr McCormack took charge of the Accies team taking part in a pre-season tournament at Oban.
Physiotherapist Jillian Galloway was with the squad and was present when Mr McCormack gave a team talk before the final match against Dundee United. During the talk, he made sexually explicit comments about the physio. Then, after the game, he encouraged the team to "get your tackle out lads, Jillian's coming to see who's got the biggest tadger".
Mr McCormack was also said to have undressed in front of the 21-year-old before showering and dressing again. Ms Galloway told the court she felt embarrassed by the dressing room incidents as did youth academy director, Frank McAvoy.
On the bus trip home Mr McCormack spoke to her and said he hoped she was not embarrassed by his remarks. He regarded the team talk comments as standard locker room banter. Mr McAvoy said he was also amazed at the assistant manager's behaviour on the touchline during games at the tournament. He said he swore constantly at Hamilton players.
The club’s chairman Ronnie MacDonald had also attended the tournament and the court heard that he took Mr McCormack aside and told him they were not there to "eff and blind" and that the club did not tolerate this standard of behaviour.
Prank
Others involved in the tournament also spoke to Mr MacDonald, including Scotland manager Craig Levein, who was at Dundee United at the time.
Other incidents highlighted in court included a ‘prank’ played by Mr McCormack during a team talk with a nutritionist. One of the club’s players Brian Carrigan went to sit down but Mr McCormack pulled the chair away, causing Mr Carrigan to fall on the ground.
The assistant manager was also accused of "ranting, raving and swearing" at a young trialist Michael Videira over the phone, but denied he was rude and abusive to the player.
Lawyers acting for Mr McCormack claimed there were no grounds for his summary dismissal and that he apologised for insensitive remarks made in front of Ms Galloway and there was no repeat of the behaviour. They also contended that the incident at the nutritionist's talk was trivial and there was no good evidence to support allegations that he had bullied players.
The club maintained that he was lawfully dismissed for gross misconduct following a course of conduct with the incident with Mr Videira "the last straw".
Appeal judge Lord Woolman said Mr McCormack was "candid about a number of matters about which he might have been expected to be reticent" but added that where there was conflict in the evidence he unhesitatingly preferred the evidence of the other witnesses to his testimony.
The judge said "a curious feature" of the case was the lack of documentation in the period leading up to dismissal, including no written warning, no report of any internal enquiry or minute of a board meeting deciding he should be dismissed.
Lord Woolman said the obligation of confidence and trust was a mutual one. He said: "In my view all the incidents, taken together, did not justify summary dismissal. In my view, Hamilton itself was under a duty to keep the employee fully informed of any perceived deficiencies in his or her conduct during the course of a contract of employment. That did not occur here."
Mr McCormack is seeking £93,334 for wrongful dismissal. Further proceedings will have to take place to establish the amount Mr McCormack is to receive.
