'Vindicated' Dwight Yorke awarded $290,000 compensation for Macarthur FC sacking
By Riley Walter (The Sydney Morning Herald)
Former Macarthur FC coach Dwight Yorke has won hundreds of thousands of dollars compensation for his sacking after just 13 games, which followed a dressing room spray where he allegedly called his side a "pub team" and criticised the club's leadership.
In an unpublished judgment that has laid bare the allegations around Yorke's controversial sacking, the Court of Arbitration for Sport (CAS) on Friday upheld a FIFA Players' Status Chamber (PSC) decision that Macarthur pay the former Manchester United star $212,500 after ruling the club had breached the parties' contract and sacked him without just cause. With interest, Yorke will pocket about $290,000.
Macarthur appealed the PSC ruling, made in June last year, arguing Yorke had damaged the club's reputation with remarks, later reported in the media, made during a dressing room spray after a 1-0 away loss to Adelaide United on January 20, 2023.
The club alleged Yorke, who had been in charge of the Bulls for only 13 games, had referred to his side as a "pub team" and said Macarthur was "f---ing hopeless from the top to the bottom" before allegedly kicking camera equipment, according to the judgment obtained by this masthead.
"I can't believe I came here for this. I destroyed my reputation for this shit club, this shit league," Yorke allegedly said in the address, which the club said was witnessed by board members, chairman Gino Marra and chief executive Sam Krslovic.
Neither the PSC nor the CAS substantiated the allegations, which Yorke vehemently denies, but they found that the club's reputation had not been affected by subsequent media coverage of the event. Yorke accepted that a harsh address was given, but disputed its seriousness.
"The panel has concluded that the conduct of the coach in the dressing room on 20 January 2023 as publicly reported did not lower the reputation of the club to a significant extent," the judgment said.
"Indeed, there is scant, if any, evidence to suggest that the club's reputation was lowered at all. With regard to the tone of the coach's address in the dressing room and its manner of delivery as reported, if any reputation was damaged it was more likely to be the coach's own."
Yorke's lawyer, Greg Griffin, said the decision was a "complete vindication" for his client, who has not coached since leaving the Bulls.
"It's a complete vindication for Dwight and it removes an unnecessary stain on an otherwise unblemished career," Griffin said.
Yorke had lodged a counterclaim against Macarthur's appeal to have the remainder of his lucrative contract paid out, which would have seen him take home more than $800,000 if successful. But due to a CAS rule change in 2010 making counterclaims inadmissible, it was dismissed.
Yorke was contracted until June 30, 2024 on a deal that included an annual salary of $450,000 and individual bonuses of $25,000 if the Bulls finished the season as premiers, finished the A-League season in the top three or won the Australia Cup, which Yorke led them to in 2022. Yorke was also to be paid a $50,000 bonus if Macarthur won the A-League grand final.
Yorke's appointment as Macarthur coach was his first managing role since retiring from a glittering playing career that included stints at Manchester United and Aston Villa in the English Premier League, and 20 years representing Trinidad and Tobago in international football. He played a key role in helping Manchester United secure the coveted Premier League, FA Cup and UEFA Champions League treble in 1999.
Yorke brought the A-League significant publicity when he was signed as Sydney FC's marquee player for the league's inaugural 2005-06 season, when the Sky Blues were crowned champions. His appointment as Macarthur coach attracted similar levels of media attention.
As part of his contract, Yorke was also entitled to 20 per cent of the net increase in the club's membership revenue and match day gate revenue from the 2021-22 season to the 2022-23 campaign, and the same share for the following season.
Yorke was also paid a $750 weekly rental allowance, given one business class return flight to Dubai each season and provided with five tickets to home matches for friends and family.
In a letter sent to Yorke's agent, Lou Sticca, less than 24 hours after the dressing room incident, Macarthur said the coach would be stood down immediately pending an inquiry into "his behaviour in a number of post-game incidents" and banned from attending club facilities and contacting players, club officials and staff.
The PSC found there was no evidence Yorke had received any warnings or been subject to any disciplinary action before his sacking. It did, however, find that Yorke was partly responsible for his termination and reduced his compensation as a result.
"... the incident and in particular the coach's rather offensive declarations towards the players and the club's officials were witnessed by several people and widely reported in the Australian media," it found, according to the CAS.
Less than five hours after the initial letter, Macarthur formally advised Yorke he had been stood down while the club investigated alleged incidents on November 6, 2022 and January 1, 2023, as well as the previous night's speech. Macarthur lost 3-1 to Western Sydney Wanderers on November 6.
Later that night, Marra emailed Sticca advising the club would pay out six months of the coach's gross salary after a joint media statement, agreed to by all parties, was released.
"[Yorke] is getting calls from your players and staff and media ... someone is talking," Sticca responded.
"I suggest you send your release now ... tomorrow will be too late ... it will have been everywhere."
On January 23, the club said in a statement that Yorke and Macarthur had "mutually agreed to part ways, effective immediately".
"The club and Yorke reached an agreement on Saturday to terminate the remainder of his contract, allowing Yorke to pursue other opportunities," the statement said.
The CAS ordered that as well as the compensation amount, Macarthur cover 90 per cent of Yorke's legal costs related to the court proceedings, and pay 4000 Swiss francs ($7100) towards those costs.
"For the club it's a disappointing result, but all in all, it's an outcome that we're comfortable with," said Krslovic, who was not aware of the decision until contacted by this masthead.
"While it's not the desirable outcome, it's an understandable, comfortable outcome and we move on. It was 18 months ago, we're 18 months down the track, and we were prepared for that. It's neither here nor there for us.
"We've moved on from that, Dwight's moved on from that ... and we wish Dwight the best of luck in his future endeavours as a coach."
