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Walco..........Browne, Baptiste vs CWI

 
sgtdjones 2019-05-10 14:33:13 

Browne, Baptiste vs CWI

Crick­et West In­dies (CWI) wants an am­i­ca­ble end to the cur­rent le­gal bat­tle be­tween them­selves and for­mer se­lec­tors Court­ney Browne and El­dine Bap­tiste.

This is the word from CEO of CWI Jon­ny Graves, speak­ing to Guardian Me­dia Sports last evening. The le­gal firm of Thomas, John and Co. act­ing on be­half of Browne and Bap­tiste has writ­ten to the Labour Com­mis­sion of An­tigua and Bar­bu­da stat­ing that their clients were is­sued with ter­mi­na­tion let­ters by CWI on April 10, 2019. They stat­ed that the board made the ref­er­ence of a Task Force es­tab­lished to re­view the se­lec­tion sys­tem at all lev­els and that the com­mit­tee will be chaired by vice-pres­i­dent Dr Kishore Shal­low and is ex­pect­ed to present rec­om­men­da­tions to the board at this next meet­ing in June.

The May 7 le­gal let­ter to the Crick­et Board high­light­ed 19 com­plaints with re­gards to the re­moval of Browne and Bap­tiste as se­lec­tors.The lawyers, how­ev­er, are con­tend­ing that their clients have been de­nied earn­ings by be­ing axed. They out­lined that Browne stand to earn US$71,000 an­nu­al­ly plus US$6,000 tele­phone costs. Bap­tiste was to earn US$51,600 plus US$3,600 a year's tele­phone pay­ment.

Graves said: "As in­de­pen­dent con­trac­tors of the board, we de­cid­ed to of­fer the guys three months pay af­ter April. We were well with­in the line in terms of their con­tract to play this amount if we de­cid­ed to end it."At the point in time di­rec­tor of crick­et Jim­my Adams and my­self called the se­lec­tors and spoke to them, let­ting them know that af­ter the rec­om­men­da­tion from the se­lec­tors come in, they are free to re-ap­ply for their po­si­tions or any oth­er po­si­tions that will be ad­ver­tised. We re­in­forced to them that we ex­pect­ed and want­ed them to ap­ply for fu­ture po­si­tions."


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sgtdjones 2019-05-10 14:35:46 

Whey Walco

So lets hear ya comments now ?

cool cool

 
Walco 2019-05-10 23:20:12 

In reply to sgtdjones

The incompetence of the folks running CWI is mind boggling. Mr. Graves, independent contractors do not apply for positions (jobs). Employees apply for positions. Independent contractors submit proposals that usually result in contracts if accepted. Graves obviously knows that CWI will lose in court if the selectors are deemed to have been employees instead of independent contractors. But that conversation with the selectors inviting them to re-apply for the positions speaks volumes.

The key issue will be whether CWI controlled or had the right to control what the selectors did and how the selectors did their jobs? If the answer to that question is yes, the selectors were employees, and it will not matter if the contracts between CWI and the selectors states 20 separate times that the selectors were independent contractors. The legal concept is substance over form. You look at the true nature of the relationship instead of how the parties characterize or label their relationship.

Sarge, do you think CWI did not exercise control over what the selectors did and how they did their jobs?

 
Walco 2019-05-11 19:05:16 

Bumpity bump for Sarge