Simmo nearly gave up cricket

When the T20 World Cup begins in ernest on September 22, Lendl Simmons will be one of the players who will be wearing maroon for the West Indies. This comes a year after he nearly gave up the game entirely because of his frustration at not being selected on the West Indies team and what’s even worse not knowing what he did wrong. Patrick Rampersad a close confidant of Simmons and the president of his local club Merryboys Cricket club said Simmo was nearing his end. “Simmo was so frustrated that he almost gave up the game. The time he sacrificed in becoming a professional cricketer would have taken away his chances of developing other aspects of his career and due to the fact that he was dropped for almost a year by the West Indies selectors affected his earnings. “His live-style was definitely affected but what was going on and it was taking a toll on him and it reached a point where he was seriously considering leaving the game all together. However, what worked for him was the fact that he had strong people around him and they rallied behind him.”

 

During this time Rampersad took to the local press and repeatedly questioned the WICB over Simmon’s exclusion. He added :”I can attest to the fact that Simmons tried his best to get information and a meeting with the selectors. I remember on Friday night he called me just after getting off a flight from New York. He said when he switched on his phone he saw a missed call from Clyde Butts the chairman of selectors. “He then telephoned him and he told him that he was in Trinidad and will call him the Saturday. Simmo waited for him to call for the entire morning period and when Butts finally called he had a another important matter to attend and could not meet. Butts flew out that evening and that was that. “Simmo did not take that nicely at all and got really frustrated. It was at this point that he became vulnerable and his future looked bleak. So I would just like to confirm that Simmons tried his best to meet with Mr Butts on that weekend in question, as I was a part of it.” The arbitrator Seenath Jairam after hearing the evidence presented by Simmons and Butts concluded: “In my view the selection process was not done in a fair and transparent manner in breach of Article VII (e) (i) of the MOU.  

 

Further, the integrity of the selection process has not been kept or maintained since public comments have been made which denigrated the claimant. I also hold that the appraisal process has not been complied with in accordance with Article VII (a) of the MOU and there has been a clear and unmistakable breach of the requirements set out in Schedule “F” thereof. If necessary, it is my view that the retainer contract contains similar provisions and in the circumstances the provisions thereof have also been breached. In all respects I accept the evidence of the claimant and hold that he has suffered loss and damage. Support for my conclusion is found in Their Lordships judgments in R v disciplinary committee of the Jockey Club, ex parte Aga Khan [1993] 2 All ER 853 as quoted above. Now I, the said Seenath Jairam, SC, LLM having heard and duly weighed and considered the several allegations of the parties hereto, their evidence and all their arguments, both oral and written do hereby make and publish this my award of and concerning the matters so referred to me as aforesaid in the manner following, that is to say:

 

1 Special damages for loss of earnings as follows:

(a) I award and adjudge that the claimant is entitled to the sum of US $24,000 as damages for loss of retainer.

(b) I award and adjudge that the claimant is entitled to the sum of US $34,750 as damages for loss of ICC World Cup Fee.

(c) I award and adjudge that the claimant is entitled to the sum of US $40,974.09 being loss of match fees.

(d) I award and adjudge that the claimant is entitled to the sum of US $7,479.31 being loss of provident fund contributions.

(e) I decline to make an order or award regarding the loss of bat contracts on the basis that this is speculative and too uncertain and remote.

(f) I award and adjudge that the claimant is entitled to the sum of US $10,000 as damages for loss of publicity/reputation.

(g) I decline to make an award for damages for breach of contract as this would amount to double recovery.

(h) I award, direct and determine that the WICB do pay 2/3 of the full costs of the arbitration and of this my award and to refund the WIPA 8/10 of all fees paid.

(i) I further award, direct and determine that the WICB do pay interest on the sums payable as set out under paragraph [13.0] (a), (b), (d) and (f) totalling US $107,203.40.