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Former Guyana envoy sues Gov’t over wrongful dismissal
– claiming $49 million in damages
Guyana’s former High Commissioner to Canada, Harry Narine Nawbatt, has brought a lawsuit against the
Former High Commissioner to Canada Harry Narine Nawbatt
Government for breaching the contractual agreement made on his appointment to the ambassadorial position to Canada. He is claiming damages in excess of $49 million for wrongful dismissal.
The damages include excess of $25M for breach of contract of employment and special damages $24.3M. The Attorney General was named as a Defendant in the matter. Nawbatt’s lawyers include Anil Nandlall, Euclin Gomes, Sase Gunraj, Manoj Narayan and Sasha Mahadeo.
According to recently filed court documents, Nawbatt entered a contract of employment February 10, 2015 with the former Government.
The former Ambassador was engaged to perform the duties and functions of High Commissioner of the Republic of Guyana to Canada effective from February 10, 2015 to the February 9 2016. But Nawbatt‘s contract was terminated by August, 2015 resulting in what he claims are the estimated amounts in losses and damages.
Among the long list of entitlements stipulated in the terms of agreement, the Plaintiff outlined a monthly salary $773,801 subject to certain terms and conditions set out in a schedule attached to the said agreement; a monthly allowance of US$4,500 and such other allowances as may be approved from time to time for the Office of High Commissioner for the territory to which he has been accredited; free furnished accommodation and also with free use of a chauffeur driven car; an approved allowance to assist him to meet payments for wages and uniforms for one (1) domestic; business class return passages by air between Guyana (or the place of his residence) and the city of his post for himself, his spouse and their children under the age of twenty-five (25) years; hotel and travelling expenses
Foreign Affairs Minister Carl Greenidge
incurred by himself, spouse and children under twenty-five (25) years of age prior to the provision of free furnished accommodation for period less than three months.
Additionally the High Commissioner was entitled to paid primary, secondary or tertiary education of the children, medical insurance or a percentage of paid medical expenses and the shipment of the personal effects and/or at least two motor vehicles shall be within one (1) year of termination of this Contract of Employment.
According to the said contract the engaged person,”shall be entitled to a gratuity equal to twenty-two and one half percent (22½%) of the basic salary payable in six-monthly periods or on termination of his Contract of Employment and the Government may terminate this contract of employment by giving the Officer three months’ notice in writing or paying to the engaged person six months’ salary and station allowance in lieu of notice.”
However in a letter dated June 8, 2015, Nawbatt said that the Ministry of Foreign Affairs, wrongfully and repudiatory, reached the said agreement.
The letter essentially stated that his appointment as High Commissioner of Guyana to Canada will end on August 31, 2015.
The correspondence from the Ministry instructed the official to finalize all the necessary arrangements relating to the conclusion of your post and departure.
“Please note that all benefits accruable at post will end on August 31, 2015,” the letter stated.
Additionally Nawbatt was asked to submit invoices/estimates in respect of the One-way Business Class airfare from post to Georgetown for yourself, wife and children; Excess baggage not exceeding 30 kilos for yourself and each accompanying family member; Packing, crating, shipping and insurance costs for your personal and household effects to the volume of one (1) 20ft container and two motor cars for the necessary funds could be remitted to facilitate your departure. By reasons of the matters aforesaid, the Plaintiff suffered loss and damages.
The plaintiff asked the court to take into consideration his claims in addition further or other reliefs as the Court may deem just.
The respondent (Attorney General) was instructed to have an appearance entered on his behalf within ten days of the service of the writ.
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