MEDIA RELEASE
WIPA responds to WICB on non-payment of $450K
It has become clear that the public, and indeed Dr Hilaire, must be informed of the background to the New York Agreement (NYA). Dr Hilaire’s appointment dates back to October 2009 and his statements on this agreement make it clear that he needs to be filled in.
The relevant clause of the NYA provided as follows:
“5. The WIPA and the WICB agree to discontinue without reservation all outstanding matters with the aim of starting on a clean page, with the exception of those matters:
(i) that are referred to in this agreement;
(ii) that are the subject of the above said Special Arbitration under the CARICOM Prime Ministerial Sub Committee on Cricket; and
In this regard, the WICB agrees to pay the sum of US$450,000 as final settlement.”
The NYA was signed by the WICB President Dr Hunte and WIPA President, Dinanath Ramnarine on October 10th 2009. Six months later the money has still not been paid despite repeated requests from WIPA.
The agreement was between the WICB and WIPA, and WIPA as the other party requested, (not “demanded”) the agreed payment. It was therefore not a matter of a claim to be deemed justifiable or otherwise by the WICB. Contrary to Dr Hilaire’s view, the players are not employees of the WICB, and especially were not even capable of being viewed as such as at the time the NYA was signed the players had not been contracted. Even after being contracted, they are not employees of the WICB. The WICB had no basis for refusing to pay the money to WIPA but it did.
The money was expressed to be in settlement of all outstanding matters between the parties and WIPA, naturally, had incurred expenses in representing the players in respect of those disputes. Following the NYA, on October 29 2009, WIPA held a Special Meeting of members in Guyana and advised of the NYA and of the settlement that had been reached. The players agreed that when WIPA received the money that deductions would be made to cover WIPA’s expenses.
When the WICB refused to pay the money to WIPA, WIPA, in the interest of expediting the settlement, agreed to the WICB’s request to provide a list, although no such provision was made in the NYA. The list was approved by the WIPA Executive and when a copy was sent on to the WICB President he stated that it was in accordance with the discussions leading up to the NYA between himself and the WIPA President. WICB nevertheless objected to the composition of the list. WIPA’s position, as articulated repeatedly to the WICB, was that the contents of the list was an internal matter and that under the terms of the NYA, the WICB had no authority/jurisdiction to approve or disapprove it. The list was provided so that money could be disbursed to the players. The WICB nevertheless persisted in its objections to the list.
From WIPA’s perspective no battle lines were drawn. WIPA merely sought performance of the agreement.
Dr Hilaire’s claim that the money was destined for all players “affected” is obviously inaccurate. The NYA uses no such words and Dr Hilaire was not a party to the agreement, nor was he present at the talks. Disputes affect many players, on psychological and other levels. This does not mean that they are entitled to partake in the settlement. The use of the word “affected” is misleading. Many of those outstanding issues may have concerned a number of players but the matters relating to the payment of the 450 k concerned the 16 players.
Dr Hilaire’s assertion that the players were asked to give WIPA a substantially higher amount of money is incorrect. Since the WICB insisted that the money be paid to a list of players and not to WIPA, the players, pursuant to the decision taken at the special meeting held after the NYA, authorized payment of a portion of the settlement money to WIPA. This authorization was made in writing and sent on to the WICB. The WICB objected to this also.
The goalposts are constantly shifting and still, up to the present moment, the money has not been paid.
Dr Hilaire erroneously speaks of the players who went on strike. There was no strike as the players were not contracted. They were unavailable. Dr Hilaire also misrepresents the basis for payment and it must be noted that he was not a signatory to the NYA.
The fact is that the issues settled do not include injury payments and player rankings as evidenced by clauses 2 (b) and 8 of the NYA which provide as follows:
“ 2. (b) The WICB and WIPA will meet by October 12th, 2009 to finalize player rankings in relation to the 2009/2010 contract period, with the understanding that time is of the essence and that the Retained Players will be compensated in accordance with agreement reached on the retainer contracts between WICB and WIPA in April 2009. See attached schedule signed by the parties.
8. WIPA acknowledges and the WICB has agreed that all necessary payments for players who have been injured are in progress, in accordance with the procedure previously agreed at meetings in March and August 2009.”
Nor do the matters include several of the disputes and issues listed by Dr Hilaire.
The money has not been paid and in response to the WICB’s incomprehensible intransigence, WIPA sought legal advice. On the basis of that advice, WIPA told the WICB that if the money was not paid by April 16th 2010 it would avail itself of all legal remedies open to it. The money has still not been paid. WIPA’s position remains unchanged. No showdown has been averted. There was no clash. There was an agreement and WIPA seeks to have its terms performed. The WICB, instead of cleaning the page, as expressly intended by the NYA, continues to write on it. In writing to the players on the matter, as Dr. Hilaire admittedly did, he may be sowing seeds of dissent which he, and the entire West Indies cricketing public, may reap.
