T&T High Court rules in favour of WICB
BRIDGETOWN, Barbados – The Honourable Justice Ricky Rahim of the High Court of Trinidad and Tobago, today, March 26, 2013, ruled on the matter between the West Indies Players Association (the Claimant) and the West Indies Cricket Board (the Defendant) concerning the interpretation of the Memorandum of Understanding and Collective Bargaining Agreement (MOU/CBA) which governed the relationship between the two bodies.
On March 30, 2011 WICB wrote to WIPA giving notice of revision of the CBA/MOU by June 30th 2011. WICB also notified WIPA of termination of the CBA/MOU effective September 30th, 2011 should there be no revision. It is this termination which was the subject of dispute.
WIPA claimed that the WICB had attempted to illegally unilaterally terminate the agreements, which WIPA asserted could only be terminated by mutual consent, revision of the documents or the dispute resolution procedure contained in the agreements. WIPA also sought an injunction keeping the agreements in force until the claim could be heard, which was granted on March 1, 2012.
WICB had disagreed with WIPA’s assertion, countering that it was clear that the parties had intended the MOU/CBA to be terminable and that they were terminable upon reasonable notice.
Earlier today, Justice Rahim:
1. discharged the interim injunction order which had been made on 1st March 2012,
2. dismissed WIPA’s claim, and
3. ordered WIPA to pay to WICB costs totalling approximately TT $900,000 (close to US $150,000)
The WICB wishes to assure that the best interests of the players will remain paramount and intends to engage WIPA to chart the way forward. In this regard the WICB will not make any further statements at this time.
Mr. Dave Kissoon and Ms. Sushilla Jadoonanan appeared for WIPA and Messrs Christopher and Luke Hamel-Smith and Ms. Catherine Ramnarine appeared for the WICB.