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High Court dismisses CANU officer’s challenge to termination
…Justice Singh rules matter is private law dispute
(Kaieteur News) – The High Court on Friday dismissed a judicial review application filed by former Customs Anti-Narcotic Unit (CANU) intelligence officer Stephon John, ruling that the termination of his contract amounted to a private law employment dispute.
The ruling was handed down by Chief Justice (Ag) Navindra Singh. The court found that John’s employment did not attract public law remedies and was therefore not amenable to judicial review.
According to a release from the Attorney General’s Chambers, John entered into a fixed-term contract with the Government of Guyana in 2023 to serve at CANU. His contract was later recommended for termination with cause by CANU’s acting head and was subsequently terminated by the permanent secretary of the Ministry of Home Affairs on behalf of the government.
High Court dismisses CANU officer’s challenge to termination
Through his attorney, Darren Wade, John argued that his appointment constituted a public office and that the nature of his duties engaged public law considerations, thereby making the decision subject to judicial review.
However, the State contended that the relationship between the parties was governed by contract and therefore at its highest gave rise to a private law employment dispute. It was argued that the decision to terminate the contract did not involve the exercise of statutory or constitutional power and was not subject to judicial review.
Justice Singh upheld the State’s submissions and dismissed the application.
The court held that where a private individual is employed by the government under contract, the relationship is generally contractual rather than grounded in public law. It further outlined that public law remedies would only arise if the appointment was made under the constitution, made by the Public Service Commission, or governed by statute prescribing a mandatory procedure for termination.
Justice Singh concluded that John’s employment did not fall within these categories and that the dispute was therefore not amenable to judicial review.
The state was represented by Attorney General and Minister of Legal Affairs Anil Nandlall, S.C, Assistant Solicitor General Gaitree Ramona Rookhum, along with State Counsel Ron Austin.
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