In a decision that will cost St Kilda Football Club $205,000, a County Court judge ruled yesterday that former coach Grant Thomas was short-changed when he left the Saints in 2006.
Thomas sued St Kilda for $90,000 in unpaid annual leave, and his company GDT Solutions sued for non-payment of $100,000 in "hush money" agreed upon on the day Thomas left the club.
Yesterday, Judge Katherine Bourke ruled in favour of Thomas and GDT, awarding him a total of $205,139, including interest and more than $20,000 in legal costs.
Thomas, who coached St Kilda from July 2001 to September 2006, was originally employed on a series of personal contracts, including standard leave entitlements. When he shifted to a commercial contract in October 2005 he asked for all untaken leave entitlements to be paid out. The club refused, attempting to cut various deals to get Thomas to drop the claim.
Judge Bourke said that in trying to avoid paying Thomas' entitlements St Kilda was ignoring its obligations under the Workplace Relations Act.
She also ruled that St Kilda had failed to fulfil a binding contract for a $100,000 payment to Thomas agreed between the parties at a meeting on September 12, 2006, the day he was sacked.
At that meeting he was offered six months' pay and a further $100,000 payable on April 1, 2007.
"I do not accept the submission by counsel for the club that, based on the club's letter to Thomas dated 12 September, 2006, there was only an offer of $100,000. I find there was a binding contract," Judge Bourke said. She said Thomas considered the $100,000 a reward for silence, "a 'keep your mouth shut' type of incentive".
Outside court Thomas said he was glad the fight had ended.
A spokesman for St Kilda said the club regretted the dispute had gone so far.
"The former board, led by Rod Butterss, believed that in the best interests of its members that it must proceed to defend the claim," said Matt Schmidt.
"The current board attempted to settle the matter for a six-figure sum but was unable to reach an agreement."
Club president Greg Westaway said the club's board would have to review the judgement before any decision was made about appealing.




