The West Indies Players' Association (WIPA) has condemned a press release sent out by the West Indies Cricket Board on Wednesday, criticising the ruling of arbitrator Seenath Jairam SC on the award of $1 million to cricketer Ramnaresh Sarwan.
The full text follows: "The interpretation by the WICB in a release issued Wednesday, September 12, 2012, of the Arbitration of the Sarwan matter does not deal with the full facts. The Arbitration Ruling is the only document with the full facts and it is hereby presented.
Fact 1: The WICB wishes to premise the presentation of the facts on two clear points as follows:
The WICB refers to what it calls "two clear points," the first of which is to describe the ruling by the Honourable Seenath Jairam S.C. as flawed. While Mr Jairam may wish to deal with this matter himself, and undoubtedly is fully competent to do so, WIPA respects the process agreed to by the parties and strongly disassociates itself from any criticism made by the WICB of the judgment. It should be noted that it was the WICB recommended and proposed Mr. Jairam to be the sole arbitrator with which WIPA concurred.
Fact Two: The WICB made repeated attempts to discuss the matter with Mr. Sarwan and WIPA.
The issue was first raised in January 2010 and the arbitration took place in September 2011. The Arbitrator's Ruling highlighted evidence that the WICB's CEO refused to follow the dispute resolution mechanism as outlined in the Collective Bargaining Agreement (CBA) which requires the Parties to have good faith negotiations, that it refused mediation as an option and claimed that documents were submitted to the Dispute Resolution Centre of Trinidad and Trinidad when in fact none were submitted. The matter was then referred to the next stage which is arbitration. Mr Sarwan was the person who requested a meeting on the matter by way of letter in January 21, 2010 sent by WIPA on his behalf. To date, the WICB has not responded to this letter.
Fact Three: At no time did the WICB Chief Executive Officer, Dr Ernest Hilaire or any other officer of the Board threaten Mr Sarwan in any manner.
Evidence given at the hearing in chief and under cross examination asserts otherwise.
Fact Four: At no time did the WICB CEO or any other officer of the Board instruct any selector on any course of action to be taken in relation to the selection of any West Indies team.
In a release dated September 2, 2010, which the Selection Committee issued citing reasons for the non-selection of Mr Sarwan. The Selection Committee stated: "The team management, selection committee and the WICB are concerned about Sarwan's extremely indifferent attitude and sporadic approach towards fitness, particularly in recent years," read a statement released by the board. The Arbitrator found that the selection process was not fair and transparent.
Fact Five: The Selection Committee is guided by reports of the WICB Medical Panel and Team Physiotherapist.
On January 21, 2011, WIPA wrote the WICB on behalf of Mr Sarwan asking for any reports which support Hilaire's allegations about Mr Sarwan's fitness and attitude. Hilaire did not provide the information requested to WIPA or at the hearing. Moreover, the uncontested evidence at the hearing showed that Sarwan underwent a fitness test in March 2010 and that the report of the trainer and physiotherapist was favourable.
Fact Six: Dr Hilaire sent a letter to Mr. Sarwan based on the tour report following the West Indies Tour to Australia 2009.
No documentation to support the claims made by Hilaire has ever been provided.
Fact Seven: Mr. Sarwan had a telephone conversation with Dr Hilaire relating to the letter.
Mr Sarwan, in that telephone conversation contested that he was unfit and argued that the Team Physiotherapist and Fitness Trainer did not like him. Dr. Hilaire defended the professionalism of the staff. Mr. Sarwan was told that he would need to satisfy Team Management that he was sufficiently fit to play. WIPA will not stand aside and allow a fair result in favour of one of its members be tarnished by unwise utterances."
