UG should have given Freddie Kissoon a hearing

Jan 07, 2015 News

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— Lawyers’ advice to Ombudsman

Almost three years after his contract was terminated, former University of Guyana (UG) lecturer Frederick ‘Freddie’ Kissoon, may be getting a hearing.

Kissoon was on a contract with the University of Guyana when the university terminated the contract. At the time he had reached the age of retirement.
Rather than the story that he was dismissed, the University said that it merely ended the contract earlier, eight months before the contract expired.
The contract stipulated that it could be terminated and three months’ salary paid in lieu of notice.
Following a complaint lodged last year with the Office of the Ombudsman, UG was notified that the newspaper columnist’s contract termination breached UG’s regulations and that he should be compensated.
Public complaints judge, Ombudsman Winston Moore, in a letter dated December 22, last, to now retired Registrar, Vincent Alexander, stated that: “This office has been advised that Mr Kissoon was wrongfully dismissed, his dismissal being in breach of Statute 25 of the University of Guyana Statutes which provides for notice and a hearing, as pre-conditions for dismissal. In the circumstances Mr Kissoon is entitled to compensation from the university.”
UG now has to respond to the Ombudsman’s letter.

Yesterday, Justice Moore made it clear that he did not conduct an investigation into Kissoon’s complaint. Nor did he make any findings.
He said that the notification to UG was based on legal advice he received. “I sought and obtained counsel’s opinion on the issue and I transmitted same to the Registrar of the University of Guyana.”
In January 2012, Kissoon who served as a University of Guyana lecturer for 26 years, had his contract terminated with immediate effect.
Kissoon, now 64, said that he was informed of the termination of his contract by the Dean of the Social Sciences Faculty, O’Neil Grace.
He subsequently received a letter to this effect. The letter, signed by Acting Registrar Theodosius Velloza, informed Kissoon that he would be paid “subject to satisfactory completion of last pay certificate.”
He said that he was informed that the decision was taken at a meeting of the University Council.
Kissoon, who sat on the University Council as a representative of workers, was not aware that a meeting was called.
He claimed that those who pushed for the decision to end his contract prematurely were Presidential Advisor on Governance, Gail Teixeira; Parliamentarians for the ruling People’s Progressive Party/Civic Bibi Shadick and Indra Chandarpal; Pro-Chancellor and Head of the President’s Public Information Office Dr Prem Misir, and Finance Secretary Neermal Rekha.
Four members of the university council, including Vice Chancellor Lawrence Carrington, were not in favour of the decision, Kissoon stated.
At the time there were almost eight more months left on his contract.

RETALIATION?
Justice Moore had sought the legal advice of law firms de Caires, Fitzpatrick and Karran and Fraser, Housty and Yearwood.
According to the advice of Miles Fitzpatrick, SC, of de Caires, Fitzpatrick and Karran, the Constitution provides that the Ombudsman can investigate any action by designated public bodies where an allegation is made by a complainant that he or it “has sustained injustice in consequence of a fault of administration”.
“The words “injustice” and “fault” seem to extend the mandate of the Ombudsman beyond the need to establish a legal right or cause of action. And Article 192(3) confirms that the reach of the Ombudsman extends beyond mere rights at law.”
Fitzpatrick said that even though he believed the contract with Kissoon was finite and could be terminated on three months’ notice, the alleged failure by the UG Council to invite the lecturer to appear to respond to his early dismissal, justifies further enquiry.
Fitzpatrick said it would not be unreasonable for Kissoon to take legal proceedings.
Attorney-at-law Stephen Fraser of Fraser, Housty and Yearwood, said quite apart from the statutory power to dismiss, the letter of appointment issued to Kissoon provides for termination on notice or payment in lieu thereof. He was of the opinion that the Council of the University of Guyana had the power to terminate Kissoon’s contract of employment.
However, he noted that “there is no express statement in the letter of appointment that the University is entitled to dismiss Mr. Kissoon without cause”.
He said that it is only after procedures for notice and hearing are complied with, that UG be entitled to dismiss Kissoon and then only upon notice or payment in lieu thereof.

WRONGFULLY DISMISSED
“Accordingly, we are of opinion that Mr Kissoon was wrongfully dismissed, his dismissal being in breach of Statute 25 of the University Statutes.”
Fraser said that in the present case, Kissoon would be entitled to damages assessed based on total emoluments for the period, during which the hearing procedure might reasonably have been expected to be concluded, “plus at least three months’ salary and housing allowances, as provided for in the letter of appointment dated August 30, 2011.”
He said that if it is that the dismissal was indeed arbitrary and in breach of the implied term of trust and confidence, a court if called upon would also want to consider making an award in respect of damages at large.

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