The present Collective Bargaining Agreement (CBA) and Memorandum of Understanding (MoU) 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.
According to a WIPA media release, Justice Ricky Rahim granted a final mandatory injunction recently forcing the WICB to treat the agreements as in full force and effect, despite the board’s pleas to the contrary and has made it clear that the WICB would be held in contempt of court if it breaches the court’s order.
The agreements and other documents safeguarding the rights of the players, came into effect on Sept. 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, in 2011, the WICB signaled its intention to unilaterally terminate the agreements.
The WICB’s 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 agreements mandated that the parties negotiate and come to a new agreement themselves.
Commenting on the judgment, WIPA President and CEO Dinanath Ramnarine said, “This is a big victory for WIPA and the players.
“Justice Rahim’s decision in the matter ensures that the WICB cannot continue to trample upon the rights of the players until the matter is thoroughly ventilated in the High Court.”