Bond contract terminated by mutual consent
Bond contract terminated by mutual
28 Jan 2008
Shane Bond is a New Zealand Cricket (NZC) Contracted player.
His player contract is under the terms of the Master Agreement between NZC and the Cricket Players’ Association. This agreement and associated player contracts provide for players to be released to play for third parties during their contract period with NZC’s consent. If requested, this release cannot be unreasonably withheld.
The release provisions of the agreements and player contracts do not contemplate a distinction between sanctioned or non-sanctioned events. Until now, NZC has not had to make decisions on that basis.
In October 2007 Shane Bond asked NZC for a release to play in the Indian Cricket League (ICL) event in April 2008. NZC discussed this with him on the basis of those agreements. NZC believed, and told him, that it was in a position to release him from his NZC contract as long as he was able to complete his contractual obligations to the end of May 2008, when his player contract expired. Shane Bond agreed a contract with the ICL on this basis.
At the ICC Executive Board meeting at the end of October 2007 the ICC brought to the attention of all Test playing member countries its 2003 regulation that prohibits the release of a contracted player to participate in unsanctioned cricket events without its consent. ICC advised that neither BCCI nor ICC have sanctioned the ICL and consent would not be given to release contracted players to play in this event.
This regulation has not been an overt part of NZC’s playing agreements with its players. However the formation of the ICL has required NZC to consider it in the context of its playing agreements. NZC therefore notified Bond it was not in a position to release him to play for the ICL whilst he remained under contract with NZC.
Bond has been sympathetic to NZC’s situation: despite his playing agreements allowing him to continue playing for the BLACKCAPS, and the ICL agreement only requiring his services when international commitments allow, he has decided in the best interests of NZC to terminate his playing agreement. This has occurred by mutual consent.
Bond said “I have taken immense pride in playing for the BLACKCAPS. I believed I could continue to do so for the term of my contract while also taking up the ICL opportunity. Given what has happened, I want to do the right thing by NZC, so at their request I have terminated my contract. I will continue to be available to play for the Blackcaps and look forward to doing so once again when NZC deems this appropriate”.
Justin Vaughan said “This is a difficult situation and we must comply with ICC regulations and support other member countries and as a consequence can no longer entertain Shane playing for the BLACKCAPS.
“At some stage in the future we may be able to welcome Shane back into the BLACKCAPS; either when he is no longer playing for the ICL, or when that competition does not exist.”