Former Health Ministry PS sues Govt. for over $18M

Oct 14, 2017 News, https://www.kaieteurnewsonline...s-govt-for-over-18m/

– Cites unlawful dismissal
Former Permanent Secretary of the Ministry of Public Health, Leslie Cadogan is suing the Government over what he deems as his unlawful dismissal. Cadogan is being represented by Attorney at Law, Anil Nandlall.

Cadogan is seeking damages of over $18M for unlawful dismissal and breach of contract.

The document filed to initiate legal proceedings stated that Cadogan entered into a contract with the Government of Guyana since November 2014.

It was noted that the contract catered for duty, entertainment and housing allowance, all of which was tax-free. The contract also secured government payment of unlimited cellular telephone service and internet service at official place of residence and government provision of residential telephone service. There was also a provision for 24 hrs security at his official place of residence as well as the payment of full electricity cost at the official place of residence.

The contract catered for a car and driver or duty free concession to acquire a motor vehicle. Cadogan was also entitled gratuity at 22½ percent of basic salary calculated at half yearly intervals.

The contract which is included in the court document states, “The Government may at any time determine the engagement of the person engaged on giving him three (3) month’s notice in writing or on paying him three month’s salary in lieu of notice.”

However, the court document stated that by a letter dated 31 August, 2015, Minister of State Joseph Harmon “wrongfully and in repudiatory breach of the said agreement purported to terminate the Claimant’s employment and wrongfully dismissed the Claimant.”

The letter of dismissal is also included in the document field for legal proceedings. The letter stated that Cadogan was dismissed with effect from September 1, which is a day after the letter was written.

The letter stated, “Your failure to ensure that there was proper accountability in the delivery of drugs to the Ministry of Health was demonstrated in the incomplete delivery of supplies to the tune of $419,110,786 in one instance. In the other instance, you failed to ensure that the remaining 50% of $1.1B delivery of supplies was done.

It is therefore in view of this gross negligence and misconduct in the performance of your duties that your services have been terminated. You are therefore required to handover to Mr. Trevor Thomas, Permanent Secretary (ag.) Ministry of Public Health all equipment and items i.e. Laptop Computer, Celluar Phones and Tablet which were issued to you in your capacity as Permanent Secretary, by September 1st 2015.”

The court document stated that Cadogan will contend that it was never his duty to ensure the delivery of drugs to the Ministry of Health, but rather, it was the function of the Procurement Manager of the Ministry of Health.
Cadogan is also claiming that he was not afforded a hearing or a fair hearing before the termination of his employment.

Further, the court is being told that the government “failed and/or omitted to give adequate notice to the Claimant before his purported dismissal.”

It was stated that, “By reason of the matters aforesaid, the Claimant suffered loss and damage.”

As a result, he is now claiming money owed for 28 months as salary, duty allowance entertainment allowance and housing allowance. He is also claiming $1.1M for vacation allowance for the period for the years 2016 and 2017 as well as $764,000 as gratuity for the period from December 2014 to December 2017.

The court document stated, “Despite the Claimant’s demands for payment, the Defendant has failed and/or omitted to pay same.”

Kaieteur News understands that Cadogan was never paid a cent in severance.