 |
| RAMNARACE SARWAN |
"The
West Indies Cricket Board (WICB) will have to fork out $1 million to pay its
former captain Ramnarace Sarwan for “publicly denigrating and humiliating” the
Guyanese and Leicestershire middle order batsman. The payment is part of a $1.5
million payout in damages which the Board incurred recently. Sarwan was awarded
the damages after winning his arbitration matter against the WICB, a case in
which he was cleared of all charges levelled against him by WICB, CEO Ernest
Hilaire regarding his fitness and attitude.
"Arbitrator Seenath Jairam SC, LLM,
found the WICB guilty of breaching the selection process and not operating in a
fair and transparent manner. The judgement also noted
that Sarwan was publicly denigrated and humiliated. It revealed that the Board
failed to comply with the appraisal process, breaching the principles of
natural justice by failing to give Sarwan an opportunity to be heard, causing
him significant loss and damage. In addition to the damages, 85 per cent of the
cost of conducting the arbitration proceedings have to be paid by the WICB.
 |
| IS CHRIS GAYLE CELEBRATING THE JUDGEMENT? |
"This
works out to be additional estimated 500,000. In total, the case has cost the Board
an estimated $1.5 million. This comes on
the heels of a $14 million awarded to the West Indies Players Association
(WIPA) on behalf of its members over various breaches of contract. In the
past 12 months, the WICB has lost an estimated 15 million at a time when
sponsorship for their major events has not been easy to attract. The ruling is based largely on the WICB’s
failure to adhere to basic principles of natural justice and blatantly ignoring
the terms of the agreements with the players and their association, WIPA.
 |
| PROFESSOR BECKLES: WICB MEMBER |
"Furthermore in reviewing the ruling
and documents, the WICB and its CEO Ernest Hilaire, did not attempt to resolve
the issues through good faith negotiations or even mediation.
The first letter in the proceedings was written in January 11 2010, the Notice
of Dispute sent to the WICB on September 30 2010 and the hearing was September,
2011. Accordingly, it is clear that there was adequate time to discuss and
resolve this matter but Hilaire simply refused to do so.
 |
| DR ERNEST HILAIRE: IN THE CENTRE OF THE STORM |
"The records showed that Hilaire wrote to WIPA
on December 6, 2010 stating that the WICB submitted its request to mediate the
issue, however, inquiries to the Dispute Resolution Centre in Trinidad (DRC) by
WIPA revealed that this was not done until December 13, 2010. As a consequence,
the DRC became unavailable and WIPA referred the matter to Arbitration.
 |
| DR HUNTE: WICB CHAIRMAN |
"In his 131-page judgement, SC Jairam awarded
Sarwan damages for: (a) loss of retainer; (b) breach of contract (re: failure
to ensure fair and transparent selection process for denigration of the
Claimant); (c) loss of provident fund contributions given his age; (d) loss of
publicity/reputation; (e) general damages; (f) interest on the damages awarded
at a rate of 12 per cent per annum from the date of the award until payment.
"The
WICB was represented by Derek Ali, while WIPA was represented by Ms Donna
Symmonds, Denise Haynes, Sushilla Jadoonanan and former WIPA President and CEO
Dinanath Ramnarine."
SOURCE: http://m.guardian.co.tt/sport/2012-07-23/sarwan-get-1m-wicb
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