Source: Barbados Today Online

Former chief executive officer of the West Indies Cricket Board, Ernest Hilaire, came under fire during cross- examination by the West Indies Players Association’s lead counsel, Dave Kissoon as the case between the WICB and WIPA continued yesterday at the Port of Spain High Court. Hilaire, who served as the WICB CEO from 2009-2012, was called to the witness stand to give evidence in the dispute between WIPA and the WICB over the use of the Collective Bargaining Agreement and the Memorandum of Understanding between the Board and the players.

Kissoon showed that Hilaire had stated in an interview with veteran broadcaster Simon Crosskill that he had received letters from several players instructing him not to deduct money from their salaries and forward it to WIPA. Yet, when the question was posed to Hilaire if any player had ever written the board stating that he had revoked membership with WIPA, Hilaire responded, “No, not during my tenure.”

He also admitted under oath that he had not witnessed a weakening in the relationship between WIPA and its members, something he had alluded to in his witness statement. Hilaire also admitted that he assisted former WIPA CEO Dinanath Ramnarine with the formation of the West Indies Player Management Company Limited, the management company that owns the rights of the players, and that Ramnarine was not the chairman as originally stated.

Kissoon also went into the issues of performance appraisal and sponsorship fees for players, saying that the Ramnaresh Sarwan dispute, which was settled in May of this year, was the breach of a clear and unambiguous clause in the MOU, and that the WICB had a year and a half to settle the issue but failed to do so.

When asked if the players would no longer have contractual right to fair appraisal and the Provident Fund if the agreements were terminated, Hilaire said that he believed these would be covered in the retainer contracts. However, Kissoon showed that the appraisals were addressed in Schedule F while payments to the Provident Fund were highlighted in Article 15 of the MOU.

Hilaire also said that sponsorship fees to players were implemented to compensate for the lack of a retainer contract. This was after Kissoon produced documents showing that the fees were being paid since 2004, despite the WICB claiming its payment began only as recent as 2009. A current sum of US$35,000 per day for each day’s play – equally divided among the players for their image rights-is paid, but Hilaire contended that it was supposed to cease when the retainer contracts were introduced in 2006. He said, in order to avoid further conflict the board continued with the payments.

Source: Trinidad Express

Ernest Hilaire, former West Indies Cricket Board (WICB) chief executive officer, came under fire during his cross-examination by the West Indies Players Association’s (WIPA) lead counsel, Dave Kissoon as the courtroom battle between the WICB and WIPA continued yesterday at the Port of Spain High Court, with Justice Ricky Rahim presiding.
Hilaire, who served as the WICB CEO from 2009-2012, was called to the witness stand to give evidence in the dispute between WIPA and the WICB over the use of the Collective Bargaining Agreement and the Memorandum of Understanding (CBA/MOU) between the Board and the players.

Kissoon showed that Hilaire had stated in an interview with veteran broadcaster Simon Crosskill that he had received letters from several players instructing him not to deduct money from their salaries and forward it to WIPA.

Yet, when the question was posed to Hilaire if any player had ever written the Board stating that he had revoked membership with WIPA, Hilaire responded, “No, not during my tenure.”

He also admitted under oath that he had not witnessed a weakening in the relationship between WIPA and its members, something he had alluded to in his witness statement.
Hilaire also admitted that he assisted former WIPA CEO Dinanath Ramnarine with the formation of the West Indies Player Management Company Limited (WIPMACOL), the management company that owns the rights of the players, and that Ramnarine was not the chairman as originally stated.

Kissoon also went into the issues of performance appraisal and sponsorship fees for players, saying that the Ramnaresh Sarwan dispute, which was settled in May of this year, was the breach of a clear and unambiguous clause in the MOU, and that the WICB had a year and a half to settle the issue but failed to do so.

When asked if the players would no longer have contractual right to fair appraisal and the Provident Fund if the agreements are terminated, Hilaire said that he believes these will be covered in the retainer contracts.

However, Kissoon showed that the appraisals are addressed in Schedule F while payments to the Provident Fund are highlighted in Article 15 of the MOU.

Hilaire also said that sponsorship fees to players were implemented to compensate for the lack of a retainer contract. This was after Kissoon produced documents showing that the fees were being paid since 2004, despite the WICB claiming its payment began only as recent as 2009.

A current sum of US$35,000 per day for each day’s play—equally divided among the players for their image rights—is paid, but Hilaire contended that it was supposed to cease when the retainer contracts were introduced in 2006. He said, in order to avoid further conflict the Board continued with the payments.

“There’s always acrimony between the WIPA and the Board,” said Hilaire. “Even before my tenure there were strikes but we were able to convince WIPA that the best approach was not to call strikes.”

Earlier, yesterday, Anthony Deyal, former corporate secretary of the WICB, testified that the Board’s chief financial officer (CFO) Barry Thomas was using players’ contributions to offset recurring expenditure instead of applying it to the Provident Fund.

He said that and other issues highlighted in the Lucky Report raised serious concerns, and in order to protect his reputation and integrity he demanded that he be appointed corporate secretary.

“I decided I would not take the position offered of communications manager unless I was appointed corporate secretary of the Board in order to protect myself.”

He added that in 2006 he was part of an attempt to implement a permanent arrangement where players would accept part of the Board’s profit as a solution to the on-again, off-again relationship between both parties.

Deyal also testified that the agreements made good business sense, and would have placed the Board in a stable industrial relationship climate.

When cross-examined by Christopher Hamel-Smith, SC, lead counsel for the WICB, Deyal said that the permanent arrangement they sought to put in place for the players to share in the profits could have only been achieved through both parties engaging in negotiation.
Hamel-Smith closed the case for the WICB, the defendants in the matter, without posing any questions to Hilaire. He did not ask CFO Thomas to take the witness stand.

Written submissions by the defence will be submitted on November 12, with the claimants due to submit two days later. The defence will have until January 3, 2013 to respond to the claimants’ submissions.

Source: Stabroek News

ST JOHN’S, Antigua, CMC – A three-man mediation team from the International Cricket Council will take part in negotiations between the West Indies Cricket Board and players’ union, WIPA, in an effort to settle the protracted dispute over a revised Collective Bargaining Agreement.

Dave Richardson, the General Manager-Cricket will join acting Head of Legal, Iain Higgins, and the Federation of International Cricketers Association chief executive, Tim May in a three-day meeting scheduled to start in Barbados on Monday.

South African Richardson is set to replace Haroon Lorgat as CEO of the ICC next month.

Negotiations between the WICB and WIPA over the last year have been contentious and proven futile in brokering an agreement but a joint statement from both entities late Friday said the latest meeting was “in a bid to chart a positive way forward for what has been a difficult issue to resolve.”

“The joint mediation team has established guidelines for the process, one of which is strict confidentiality, and both the WICB and WIPA have agreed to adhere to those guidelines,” the statement added.

CMC Sports understands that the WICB’s team will comprise CEO Ernest Hilaire and the Board’s legal officer Alanna Medford while WIPA’s delegation will comprise director Michael Hall, lead negotiator Dave Kissoon and ex-WIPA chief Dinanath Ramnarine.

The Collective Bargaining Agreement and Memorandum of Understanding between the WICB and WIPA governs players’ rights and was first signed six years ago between former WICB president Ken Gordon and Ramnarine.

Attempts to broker a new deal recently ended before the Trinidad and Tobago High Court earlier this year, with the judge ruling that the CBA would remain intact until a new agreement was brokered.

Article six of the CBA says present agreements must remain in full force until a revised CBA and MOU has been signed by both parties.

Source: Kaieteur News

The present Collective Bargaining Agreement (CBA) and Memorandum of Understanding (“MOU”) (the “Agreements”) between the West Indies Players’ Association (WIPA) and the West Indies Cricket Board (WICB) will remain in force until the dispute between the two parties is decided in the High Court of Trinidad and Tobago at a future date.

Until then, Justice Ricky Rahim, has granted a final mandatory injunction forcing the WICB to treat the Agreements as being in full force and effect.

The judge made it clear that the WICB would be held in contempt of court if it breaches the court order. Until then, the Agreements will continue to protect the rights of the players. The Agreements, and other documents safeguarding the rights of the players, came into effect on September 1, 2005 with the provision that they could only be changed or replaced with the agreement of both parties. If not, they would continue in force.
In 2008, the Agreements rolled over. However, last year the WICB signaled its intention to unilaterally terminate the Agreements. The WICB position was that a termination provision can be implied in the Agreements even though none is specifically stated.

WIPA objected to this and in reply stated that not only did the parties intentionally omit a unilateral termination clause, but that the agreement mandated the parties to negotiate and come to new agreement themselves, roll over the Agreements for another three years, or that a new agreement be formed by a third party pursuant to a dispute resolution clause. The Agreements were not registered in Industrial Court.

Despite repeated requests by WIPA’s lead negotiator, Dave Kissoon, the WICB refused to withdraw its notice of termination, forcing WIPA to go to court on November 30, last. WIPA’s legal team was led by Mr. Kissoon of Cozen O’Connor, with Ms. Sushilla Jadoonanan as instructing attorney. The WICB was represented by Christopher Hamel-Smith, S.C., Luke Hamel-Smith and Catherine Ramnarine.

After arguments on November 30 by both sides, Justice Rahim granted an injunction, and scheduled the matter for oral submissions on December 8, last. The hearing continued on January 19 for further oral submissions and again yesterday.

During this entire period WIPA tried to persuade the WICB to withdraw its termination notice, but the WICB remained steadfast in its refusal.

Commenting on the judgment, WIPA’s President and Chief Executive Officer, Dinanath Ramnarine, said, “Justice Rahim’s decision in the matter ensures that the WICB cannot continue to trample upon or violate the rights of the players until the matter is thoroughly ventilated in the High Court.

“In the meantime the WICB is debarred by law from pursuing its path of willful and wanton disregard for the rights of cricketers.”

Ramnarine, in congratulating Mr. Kissoon and his legal team, made it clear what the victory means to the players. “We are elated that the CBA and MOU for which we fought and which is vital to keeping the playing field level will continue to be in force.
“We are very clear what the intention was when we agreed to it and are confident that our struggle has been vindicated.”

“It is a real shame that the WICB under this present leadership is allowed to spend significant sums in legal fees in the courts to take away the basic rights of the cricketers while the game continues to suffer”.

Ramnarine added, “We are always willing to work with the WICB on a new agreement but it cannot be to the detriment of the players or the game itself. The very tenets of the agreements require the highest standards of accountability and transparency as well as the protection of the rights of the players.

“WIPA remains hopeful that this decision will help the negotiation process and bring the WICB back to the table, all in the best interest of West Indies cricket.”