Chandika Hathurusinghe files fresh legal action in CAS against SLC ExCo members
Chandika Hathurusinghe has filed fresh legal action against Sri Lanka Cricket (SLC) in the Swiss based Court of Arbitration for Sport (CAS) over the termination of his contract as Head Coach of the men’s national team in 2019. The latest move revives a long running dispute that began when the Board removed him citing disciplinary concerns and poor on field results.
After he was shown the door, Hathurusinghe invoked the arbitration clause in his contract and lodged a claim at CAS. He sought USD 5 million for loss of income, loss of opportunity and injury to his reputation. Before the substantive hearing could begin, SLC raised a preliminary objection.
The welcome was grand when Chandika Hathurusinghe made his entry, but his exit was rather contrast, where he was not in the good books of many, eventually gaining more ‘Hathuru’, or foes in Sinhala language by then – File pic
The contract of employment had been signed between Hathurusinghe and SLC, represented by CEO Ashley de Silva, who was also named as a respondent. Yet SLC’s legal team argued that the Board could not be sued in its own name because it was not incorporated through an Act of Parliament. CAS upheld this position and ruled that while SLC could not be cited as a party, Hathurusinghe was free to pursue the matter by naming the individuals who served on the Executive Committee at the time of his dismissal.
Following the CAS ruling, SLC sought more than Rs. 30 million in legal costs from Hathurusinghe. CAS threw out that request on the grounds that such a payment could not be made to a body that lacked incorporation under an Act of Parliament. The parliamentary watchdog COPE even suggested that both parties explore an out-of-court settlement to stem rising legal fees.
Hathurusinghe had accepted a 36-month contract after SLC enticed him with a package well above market rates in a bid to arrest the decline of the national side. His deal carried a monthly salary of USD 20,000, a USD 10,000 dollar cost of living allowance and several additional benefits that pushed his monthly income beyond USD 40,000.
On the field, Sri Lanka won 24 out of 67 international matches under his watch and lost 38. Off the field, disciplinary issues mounted. A one-man inquiry conducted by Justice Lalith Jayasuriya found him guilty on six charges, including failure to prepare the team mentally and physically, creating disharmony, undermining team spirit and conduct unbecoming of a national coach.
SLC attempted to negotiate his departure by offering six months of salary. Hathurusinghe rejected the proposal and insisted that the full terms of his contract be honoured. With pressure mounting from then Sports Minister Harin Fernando to bring his tenure to an end, the Board opted to terminate him on a detailed charge sheet rather than agree to a mutual parting.
He has now relaunched his case at CAS by naming every member of the Executive Committee who served during the period in question as respondents. He is seeking the full contractual payout amounting to 12 months of salary. Notices have been issued to all Executive Committee members who were in office when the decision to remove him was taken.