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Sportswriter and senior lecturer in sports journalism at the University of Brighton

Katich out of the bag

Players across sports have taken legal action for wrongful dismissal. The Australian opener could do the same, but financial compensation will hardly also bring a recall

Rob Steen

June 15, 2011

Comments: 24 | Text size: A | A

Simon Katich speaks at a press conference, Sydney, June 10, 2011
Simon Katich has the right to challenge his removal from Cricket Australia's contracts list © Getty Images
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Graham Morris, that evergreen and ever-ready master of lens and shutter, served up an enchanting shot of Muttiah Muralitharan and Graeme Swann for readers of the London Times last Thursday. Murali was animation personified: arms folded but fingers darting east and west, eyes ablaze, smile a-dazzling, rabbiting twenty to the dozen. Hands curled in schoolboyish obedience behind his back, trademark grin displaced by a soft semi-smile, Swann was hanging on every syllable, every pearl of wisdom, gaze undivided, eyes exuding undying respect, even awe. Sadly one can only fantasise about the grimmer splendours Morris might have achieved had his subjects been Andrew Hilditch and Simon Katich.

Forget the retributive powers of the fairer sex. Hell, apparently, hath no fury like a Katich scorned. On the day Morris snapped Murali and Swanny, the New South Welshman delivered an intemperate but highly articulate, and far from unjustified, tirade against Hilditch and the rest of Australia's beleaguered national selectors for not renewing his contract. He even admitted he had considered legal action. Maybe he felt forewarned and forearmed by Curt Flood, who took Major League Baseball all the way to the Supreme Court four decades ago to challenge the right of the St Louis Cardinals to trade him to the Philadelphia Phillies against his wishes. Flood, whose biography was entitled A Well-Paid Slave, paved the way for free agency but lost both the case and a fortune, and sacrificed his career. Then there's Jean-Marc Bosman, the Belgian whose 1995 legal challenge in the European Court of Human Rights performed a similarly priceless service for footballers, before he sank into depression and alcoholism. Such is the mountain facing Katich and perhaps why, to date, he has decided against following suit.

For Katich in 2011 read David Gower in 1992. He may have usurped Geoff Boycott as England's most prolific Test run-maker and collected three hundreds in his last five matches, but the beloved entertainer was still dumped for the tour of India. Age, again, was cited. In reality, to out-going team manager Mickey Stewart and captain Graham Gooch, the alleged friend whose own Test career he had once saved, Gower was one of the "champagne boys" (along with Ian Botham and Allan Lamb) who were apparently setting a bad example in their aversion to grim seriousness.

The outcry reverberated far and wide. Gooch and Stewart, fumed one Guardian reader, had "spoiled a great sport for millions of us for no perceptibly good reason". Lords, MPs and newspaper editors joined forces with Tim Rice and Harold Pinter to propose an MCC motion of no confidence in the selectors, and won the vote at Westminster's Methodist Central Hall (though the postal vote, crucially, went the other way). However laudable, it was a futile gesture. Livid with Gooch for informing him of his omission just 40 minutes before the squad was announced - on a crackly prehistoric mobile phone line, in a tunnel - Gower, who sensibly distanced himself from the raging clamour, could bask in this reassuring hug of public affection, but the Roundheads prevailed.

Cases for unfair dismissal are rife nowadays, and properly so. The right to contest a decision that fundamentally affects your life has been hard won; it should be inviolable. Why should sport be exempt? Raymond Domenech demanded 2.9 million euros from the French Football Federation last November after being sacked as national coach in the wake of a pitiful World Cup campaign kiboshed by a player revolt. Tony Greig, Mike Procter and John Snow famously took the Test and County Cricket Board to the High Court to overturn the suspensions from county cricket that were the knee-jerk response to World Series Cricket. What killed it for the TCCB was their contractual relationship with the plaintiffs: they didn't have one.

Neil Burns and Carl Crowe struck a telling blow in 2003 when Leicestershire made a settlement that effectively conceded the club had no right to sack them without fair notice and procedure. "Cricketers," Tim Kevan, a barrister specialising in sport, assured me, "are being empowered." Chris Schofield, once England's Great White Legspin Hope, benefited two years later, a tribunal upholding his claim that Lancashire's late decision to "release" him (don't you just love the delicious irony of that gentlemanly euphemism?) had hindered his marketability. Yet the victory was hollow; worse, Schofield told me, the months of wrangling left him "in bits".

Board contracts, meanwhile, have added grist to the players' mill. Indeed, as long ago as January 2002, Tim May, then chief executive of the Australian Cricketers' Association, said administrators should be prepared for the possibility of players suing for unfair severance. Cue Katich. What if he did sue Cricket Australia? Let's eavesdrop on m' learned friends' opening statements, as enacted for the Hollywood blockbuster It Ain't Cricket:

Prosecution counsel (Al Pacino): "Ladeez and gennelmen of the jury, this is the biggest no-brainer since The Don himself - Bradman not Corleone - had to decide between becoming a cricketer or a jockey. I ain't never heard of anything so grossly unfair, so scandalously unjust, so utterly spiteful, as the treatment meted out to my client. Look at him. Look at his eyes. Look at how they glisten with pain and anger and loss. Is this a man who has nothing left to give? Does he not deserve your compassion? I trust you will agree with me - I know will agree with me - that this is a man wronged. Dreadfully, disgustingly, despicably wronged."

Defence counsel (Jack Nicholson): "Ladies and, ahem, gentlemen of the joo… ooory, with all due deference to my unlearned goombah friend, what we have here is a travesty of a mockery of a farce. To deny an employer his innate right to fire any employee at any time, let alone one who wilfully sends spectators to sleep for the sake of his own precious average, is simply un-Australian. You might as well castrate the kangaroos."

HOW FAR, THOUGH, COULD ALL THIS GO? If Jimmy Anderson is declared fit at the Rose Bowl, it would be fascinating, for instance, to be inside Steven Finn's head at 10am tomorrow.

At Lord's last week, the stringbean from Watford became the youngest Pom to nab 50 Test wickets, supplanting Ian Botham. And still the carpers carp. Not that they are being entirely unreasonable. He can be generous in line and length, yes, and while an average of 26.92 is enough for 13th place among those who have sent down upwards of 100 overs during the past 24 months, an economy rate of 3.89 runs per over dumps him down to 62nd. Like Botham, he is a lucky bowler, apt to take wickets with undeserving balls, but that's surely more pro than con. Besides, look at the hard currency. Of the 320 bowlers who have taken 50-plus Test wickets this century or last, Finn ranks third in strike rate (41.4), behind Shane Bond (38.7) and Dale Steyn (39.9). Of the 54 who have delivered 150-plus overs during the past two years, his rate of conquest tops the lot.


Tony Greig puts on a smiling front at a press conference, May 11, 1977
Tony Greig, along with John Snow and Mike Procter, successfully fought the England board over their right to play county cricket after their participation in World Series Cricket © The Cricketer International
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The bottom line is not complex. On current form, who would you back to keep Kumar Sangakkara and Mahela Jayawardene in the doldrums and give Hampshire a rollicking start to its inaugural Test - Finn or Stuart Broad? Granted, Broad's bat is increasingly living up to its owner's name, but against the post-Murali Sri Lanka, being listed at No. 8 is no guarantee of taking guard. Besides, while England persist with a four-man attack - probably 20% too few in a DRS-free series against India - the likeliest wicket-takers should be deployed. But what if Broad got the nod and fury consumed Finn, triggering a spiral that left him floundering in depression's bottomless pit?

Rewind to Adelaide 1998. Alex Tudor, a strapping, gifted young quick who could bat a bit, had just marked his Test debut in Perth by nailing Justin Langer, Ricky Ponting and the Waughs, but did that ensure retention? Not on your nelly. Gooch, now England's tour manager, explained that, having gone one down in the series, more experienced arms were required. But as he subsequently let slip, he also didn't want the boy getting too big for his britches and thinking this international lark was a piece of the proverbial cake.

Quite what message this sent can only be guessed at, but let's content ourselves with two observations: 1) Tudor, despite his belligerence and bouncers, was a gentle soul who needed more encouragement than most, not least since he was a black man in a predominantly white team, and 2) he never came remotely close to fulfilling that seemingly abundant promise. Could linkage be proven? Never mind Mike Brearley; even Johnnie Cochrane might balk at picking up that gauntlet. A case of this ilk, nevertheless, may not be far away.

Sure, taken to its logical extreme, this could all get a bit silly. A dropped batsman could base a suit on having averaged 0.13 more than a rival. And yes, provided they can justify their choices on cricketing or behavioural grounds, of course selectors should be able to select without fear of men brandishing briefs. Katich's cause, nonetheless, remains just. But will he have the courage or heart to pursue it, knowing that financial recompense could hardly be accompanied by a recall unless the part-time "monkeys" concerned are fired? To set a legal precedent will require a Flood-like selflessness. Mind you, he could always settle for the lesser goal of regime change.

Rob Steen is a sportswriter and senior lecturer in sports journalism at the University of Brighton

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Posted by Meety on (June 18, 2011, 22:48 GMT)

@Truemans_Ghost - sorry, I was mainly commenting on "...career was over.." which I don't think is certain... yet!

Posted by Naresh2 on (June 18, 2011, 3:30 GMT)

the guy who should have been dropped in Punter. This guy has been out of form, playing a decent innings only once in a wee while (liek the last WC hundred).

Now it is said he will share his experience with the youngsters (exactly who are these youngsters is a question though). and what experience will he share "well mates when you have a bowling attack with Shane and Pidge and Gilly standing behind (and the front too), is mighty easy".

You keep Katich, and you have a no 3 that will do a lot better than Punter. that gives you room to blood a new opener. Funny Guru Greg could not figure that one out.

BTW...loved that Pacino and Nicholson bit.

Posted by Truemans_Ghost on (June 17, 2011, 13:56 GMT)

Meety why would I want Punter's career to be over? I don't have a dog in this fight. My only point is that it is harder for the selectors to keep Katich in the team with Punter and Hussey also nearing the end of their career than it would be if he were the only guy in his mid thirties. I haven't expressed an opinion as to weather Katich, Ponting, both or neither should be in the team.

Posted by Ajayvs on (June 17, 2011, 4:29 GMT)

Everybody keeps talking about Katich, But the bloke i pity the most is Brad Hodge. He is way more talented than some the cricketers who have represented Australia recently like Marcus north and others. I wonder how he must be feeling being ignored after scoring tons of runs every year.

Posted by Meety on (June 17, 2011, 1:06 GMT)

@s.sreekant - re: Bracken, thats because he never recovered, & to this day still wears a massive brace on his knee! Regarding Clark, he was briefly re-selected in England, & YES I fully agree is a thinking cricketer, his best value these days is that in the Shield format his economy rate was about 2 rpo. He wasn't geting many wickets, I think he knew he was never going to get back to where he was - same with Stuey MacGill, except he just called it stumps quite abruptly. @Truemans_Ghost - maybe you WANT Punters career to be over, but given his last international match innings was a 100, I think he should be given every opportunity to see whther the fire has burned out.

Posted by Truemans_Ghost on (June 16, 2011, 8:53 GMT)

By the way, on the Katich (non) selection, my hypothesis is: if Ricky had fallen on his sword, accepting his pretty damn glorious career was over, the team wouldn't look so old and the selectors probably wouldn't have felt the same pressure to drop Katich. Thoughts?

Posted by Truemans_Ghost on (June 16, 2011, 8:25 GMT)

@Boundary _Lurker, all that you say may be true (the 17 man squad thing was especially bizaare), but these are decsions which have to be made in this way. You might believe the judgement of those making them is flawed,and they should be sacked but subjecting subjective sporting decisions to legal process would be far worse. It would inevitably lead to a low-risk approach to selection with selctors afraid of a legal challenge. It would be a real Pandora's box.What next? Sue Johnson for negligence if he bowls 1/2 dozen wides? Sue Collingwood for the emotional distress he causes when scratches out an ugly 30? OK, maybe the last one is justified.....

Posted by s.sreekant on (June 16, 2011, 8:24 GMT)

@meety agree bracken was injured but was never given a chance to prove himself if he was worthy or not about stuey poor fellow he also was nt gvn chance even he lost pace a bit he had that nagging line n length and also was a thinking cricketer.

Posted by Meety on (June 16, 2011, 7:05 GMT)

@s.sreekant - hey mate, Bracken was a long term injury & is retired now. Stuey Clark (love the guy), lost several yards of pace from his back injury several years ago. He is a testing bowler now but he hasn't really taken many wickets in a long time.

Posted by s.sreekant on (June 16, 2011, 5:54 GMT)

just think how bracken wolud have felt when he was dropped of the contract after being the best odi bowler of the world and how stuart clarke would have felt after being dropped from the team he is one of the few bolwer who keeps running in and hitting the spot,how can such a bowler be dropped,all these guys myst have felt disgusted about their career going down after performing. But katich should not take legal action as it would send CA spiraling down and would lead to more problems,even katich wins and comes back into the team,his mind would be unstable.

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Rob Steen Rob Steen is a sportswriter and senior lecturer in sports journalism at the University of Brighton, whose books include biographies of Desmond Haynes and David Gower (Cricket Society Literary Award winner) and 500-1 - The Miracle of Headingley '81. His investigation for the Wisden Cricketer, "Whatever Happened to the Black Cricketer?", won the UK section of the 2005 EU Journalism Award "For diversity, against discrimination". His latest book, Floodlights and Touchlines: A History of Spectator Sport, will be published in the summer of 2014

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