Hathu loses case against SLC; may file fresh action
Former Sri Lanka Head Coach Chandika Hathurusingha has withdrawn the case he filed against Sri Lanka Cricket (SLC) challenging his sacking after the Court of Arbitration for Sports in Lausanne, Switzerland rejected the addition of parties sought by the claimant.
SLC has filed a counter-claim to recover the costs following the withdrawal and expects a decision in its favour.
Hathurusingha filed for arbitration year after his contract was prematurely terminated by SLC. He demanded US$ 5mn for loss of income, loss of opportunities and damages to his reputation. While he had initially filed action against the SLC, he later sought to add more parties. SLC’s legal team successfully objected to this and the CAS made an interim order in its favour, forcing the former Head Coach to withdraw his case.
“The CAS will make their (final) decision soon,” said CEO Ashley de Silva, the man who had signed the “iron-clad agreement” with Hathurusingha back in 2018.
Legal proceedings have so far cost SLC over Rs 30 million. It was even suggested by parliamentary watchdog Committee on Public Enterprise (COPE) that an out-of-court settlement be considered to avoid further legal fees. Hathurusingha did not respond to multiple attempts by the Sunday Times to contact him. Informed sources said, however, that he is likely to file a fresh case with the addition of all parties.
SLC terminated his contract after a one-man committee (Justice Lalith Jayasuriya) found Hathurusingha guilty on all six charges of failing to prepare the Sri Lanka team physically and mentally for tours; failing to build confidence of players in need to [sic] support; for creating disharmony and failure to build team spirit; failure to adhere to the ICC’s Code of Conduct; insubordination; and acting in a manner which is totally unbecoming of a National Head Coach.
Hathurusingha accepted a 36-month contract to be Head Coach of the Sri Lanka national side after he was lured with a huge pay package above market value in a bid to arrest slide of the team. However, the former Sri Lanka opener failed to justify the huge investment as the performance across formats fell further, putting pressure on the Board to sack him.
His contract entitled him to a monthly salary of US$ 20,000, a monthly cost of living allowance of US$ 10,000, a tax free annual payment of US$ year within the first week of January and July as a repositioning, strategic planning and consultancy fee. He also received an annual allowance of US$ 20,000 for reimbursing the air tickets of the coach, spouse and close family members, thus drawing an accumulated monthly salary of US$ 41,666 which is approximately Rs. 7.5 million a month at a then exchange rate of Rs. 181 per dollar.
Pressured by the former Minister of Sports Harin Fernando to sever the Board’s ties with “an under-performing” coach, the SLC management decided to remove him. But its efforts to part ways on mutual consent did not bear fruit with Hathurusingha insisting on his contractual obligations being respected. The Board offered him six months remuneration in exchange for an early exit to no avail.
Caught between a rock and a hard place, the Board looked for an exit by charge-sheeting the Head Coach. Hathurusingha was long under scrutiny over the team’s inconsistent performance in international cricket. It wasn’t that Sri Lanka had done better without him. Rather, his arrival did not herald the expected turnaround of fortunes for the islanders.
Hathurusingha also lost his control of the team, when the Board, administered by a politically-appointed Competent Authority, removed him as Selector-on-Tour. It was the first sign of discontentment over his appointment.
Before that, Hathurusingha had enjoyed a level of control over team affairs hitherto unseen for a Sri Lanka national coach. Under his watch, Sri Lanka won 24 out of 67 international matches across all formats. They lost 38. From a purely return-on-investment perspective, he had not delivered enough to justify a huge pay packet. He also lost support in the dressing room, particularly after he played a major role in dumping Angelo Mathews from captaincy after the last Asia Cup.