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Dismissed overseer moves to High Court

Jan 23, 2011 News

Dismissed overseer of the Ordnance Fortlands No38 Neighbourhood Democratic Council, Godfrey Evans, has moved to the High Court to seek redress.
Evans, of New Street, Cumberland, East Canje, Berbice, is claiming through his Lawyer, Mursaline Bacchus that he was wrongfully dismissed as overseer from the said Neighbourhood Democratic Council.
Evans who has been working with the said NDC for nearly 40 years having been employed since 1971, was dismissed with immediate effect on December 12, last year upon instructions from Regional Chairman Zulfikar Mustapha.
The dismissal was confirmed in a letter  signed by acting Regional Executive Officer Bhadase Poonai. Evans and a sluice attendant were dismissed with immediate effect after a sluice in Cumberland was left open and caused flooding in the area.
Justice Roxanne George-Wilshire, sitting in the Berbice High Court, has given the Regional Executive Officer or the Regional Democratic Council until February 4, to respond as to why their decision to dismiss Evans should not be quashed.
The Affidavit was served on the Attorney General, the Regional Democratic Council of Region Six and the Minister of Local Government. In the writ, Evans, a father of two, who has been the overseer since 1987 is stating that;
the Regional Democratic Council of Region Six had no jurisdiction to terminate his employment and exceeded its jurisdiction when it purported to terminate his employment.
He is stating that his dismissal is illegal and/or unlawful and that neither the Regional Democratic Council nor any of its officers has the jurisdiction and or Power to dismiss him from his employment.
The purported delegation by the Minister of Local Government of his powers under section 43 of the Local Government Act, is null and void, illegal, unlawful and ultra vires and that the Local Government Minister could not delegate such powers.
He is also stating his dismissal is unlawful as was arrived at in breach of the rules of natural justice as he was never given an opportunity be to heard.
Since he was dismissed he has been barred from entering his office and has not received any salary nor has anyone or any statutory body informed him of any pension or gratuity.

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