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Kotoko to pay Maxwell Konadu $41,000 for breach of contract

The Ghana Football Association(GFA), Players’ Status Committee (PSC), has asked Asante Kotoko to pay its former coach, Maxwell Konadu over $40,000 for unilateral termination of contract.

The PSC, in their ruling, sighted by JoySports, described management’s decision to sack Konadu as ‘hasty, premature and without just cause’.

Maxwell Konadu filed a petition before the football governing body following the club’s decision to part company with him on December 17, 2020, after a 1-0 loss to Great Olympics.

Asante Kotoko in their sack letter said, the former Black assistant coach’s ‘inability to exhibit a high level of performance which will prepare the team to the height it deserves to be,’ was the basis for his dismissal.

Maxwell described the sacking as unfair, and made demands for damages worth $60,000, one year salary of $36,000, the remainder of a sign-on fee of GH¢ 30,000 and a winning bonus of GH¢ 2,000.

The Players Status Committee granted partial reliefs, rejecting his request for $60,000 compensation for damages, but ruled that Kotoko should pay the rest of the reliefs sought after by Maxwell.

Asante Kotoko in their defence offered to pay three months salary in lieu, sign-on fee and part payment of his bonuses.

The Porcupines leadership cited Ghana labour laws for their decision to pay him off with three months salary, but in the opinion of the PSC, the laws of the Ghana FA and FIFA ‘prevail’ over the national law.

Kotoko also noted in their defence that, clause 11(2) of the contract of agreement between the two parties states that, if for any reason the club terminates the contract of the coach either than performance related, he shall be paid three months salary in gross in lieu of notice.

This position was rejected by the Is-Hak Alhassan Status Committee.

In its decision dated April 1,2021 and delivered to the parties on April 20, the GFA PSC stated:

“… the Committee finds the coach’s termination hasty, premature and without just cause. Therefore, it does not fall within the employment contract clause 11.4 which indicates termination of the coach’s contract without any compensation and without prior notice…”, and granted the following.

  1. The head coach is entitled to the payment of $36,000 or its equivalent in Ghana cedis, this being salaries due him from January to December 2021. This represents the residual part of his salaries due to the unjust termination.
  2. Payment of GHS30,000 being the balance of the signing on fee.
  3. Payment of GHS2,000 being winning bonuses for two matches.

His request for compensation and award of costs were rejected.

  1. General damages/ compensation of $60,000 is declined
  2. Costs not indicated, but declined notwithstanding

Asante Kotoko counter demanded for Maxwell Konadu to pay the club GHS55,300 for keeping his official car despite his sack.

This figure is contrary to the letter Kotoko wrote to Maxwell last month. In the said letter, management said his decision to keep the car costs the club $22,800.

However, in the opinion of the Committee, Kotoko should have paid Maxwell off before taking custody of their car as it is a matter of a ‘give and take affair’, this, their request was declined by the PSC.

The club shall, however, pay their former coach $36,000 as the residual value of the contract terminated and GHS32,000, which Is a combined outstanding sign-on fee and winning bonuses “within 30 days from the date that he furnishes the club with his bank details.”

The committee warned that, the club fails to adhere to the directive, they shall be referred to the Disciplinary Committee of the Ghana FA.

“In the event that the aforementioned sums are not paid by the Respondent (Asante Kotoko) within the stated time limit, the present matter shall be referred to the GFA Disciplinary Committee for consideration and a formal decision.”

Joy Sports understands the ruling was delayed by nearly three weeks because the PSC Chairman, Is-Hak Al-Hassan lives in London, and his vice, Cornelius Otoo was tasked to sign, but he was allegedly unwell and the documents had to be scanned and sent to Is-Hak Al-Hassan to sign ofter countless attempts to get him to append his signature proved futile.

Myjoyonline

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