Judge dismisses damages claim against Lottery Co.

Oct 01, 2009 News

High Court Judge Roxanne George yesterday dismissed claims against the Guyana Lottery Company by attorney-at-law Anil Nandlall and his client Mohamed Fazloor Yassin.

Nandlall, and his client who was a former employee of the Lottery Company, had filed a claim for damages in excess of $1M from that entity which was represented in court by attorney-at-law Edward Luckhoo.

The case started back in May 2007 when the plaintiff and his lawyer moved to the court claiming that he Yassin was wrongfully and unfairly dismissed because of his race.

During the trial Yassin’s lawyer claimed that he was wrongfully and unfairly dismissed because of complaints of racial and ethnic discrimination which he made against the Lottery Company to the Ethnic Relation Commission and the press. This Nandlall, had stated, was in breach of Section 8 of the Termination of Employment and Severance Pay Act, No.19 of 1997.

However the Defence contended that Yassin was in breach of the company’s policies which states “The “employee” shall not at any stage before, or after the period of employment under this contract use or disclose in any way, to any persons, information relating to the “company” or its business, except as related to the approved performance of the duties of the employee, under the laws of the Republic of Guyana”.

Luckhoo further contended that during the trial that from time to time the plaintiff used and disclosed information relating to the company and its business in the public domain. The defence, to support its case, presented three letters which were all published in the Stabroek News on January 3, 2006 and January 10, 2006 and in the Kaieteur News.

The defendant also presented to the court that the conduct of the plaintiff constituted serious misconduct within the meaning of the Termination of Employment and Severance Pay Act and is in breach of the terms and conditions of the Contract of Employment between the Plaintiff and the Defendant entitling the company to terminate the employment of the plaintiff summarily and without notice.

Nevertheless, the plaintiff was given and accepted all benefits owed to him by the company.

During the trial it was found that based on the investigations carried out by the Ethnic Relations Commission (ERC) into the plaintiff’s claims about racial discrimination there was no such findings.

In her ruling yesterday the Judge said based on her assessment of the evidence led, leads her to the conclusion that the plaintiff’s case is without merit.

“There is absolutely no evidence that the cause of dismissal was because of the racial discrimination or because of the plaintiff’s report to the ERC about racial discrimination at the company”. The judge further stated that she finds the plaintiff’s evidence to be lacking in credibility.

“With great respect to him, he appears to have deluded himself into the belief that he was wrongfully and unfairly dismissed, positions which are clearly contradicted by the evidence he led,” Justice George said.

Justice George added that much of the submission made by Nandlall for the plaintiff had no evidential basis and therefore could not be considered in the determination of the issues in this case.

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Judge dismisses damages claim against Lottery Co.

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