Sacked Overseer saga …Government throws in the towel promises to pay
December 10, 2011 | By KNews.
The government, through the Ministry of Local Government, the Region Six Democratic Council and its Regional Executive Officer, Badase Poonai, has decided to throw in the towel in the case against dismissed overseer of the Ordnance Fortlands No38 Neighborhood Democratic Council Godfrey Evans. They are prepared to pay Evans.
Evans had challenged what he described as his unlawful dismissal.
The matter which is being heard in the Berbice High Court is set for continuation on January 13, next, when Evans should be paid his Superannuation benefits, which include his gratuity and pension.
Mr Evans through his lawyer, Mursaline Bacchus, is also claiming costs.
Evans, of New Street Cumberland Village, East Canje Berbice, moved to the High Court to seek redress after he was dismissed from his job, with immediate effect on December 12, 2010 upon instructions of former Regional Chairman Zulfikar Mustapha.
His dismissal was later confirmed in a letter signed by Poonai and dated December 7, 2010.
Evans who has been working at the said NDC for over 31, since 1971 and being the overseer since 1987 was dismissed along with sluice attendant Raulton Hinds with immediate effect after a sluice in Cumberland was left open and caused flooding in the area.
In the writ, Evans, a father of two, stated that neither The Regional Democratic Council of Region Six nor any of its officers has the jurisdiction and or power to dismiss or terminate his employment .
He added that his dismissal was illegal and/or unlawful.
He further stated that the purported delegation by the Minister of Local Government of his powers under section 43 of the Local Government act, chapter 28:02 is null and void, illegal, unlawful and ultra vires and that the local Government Minister could not delegate such powers. He can only be dismissed under section 43 of the Local Government act Section 28:02.
He also stated that he was not given an opportunity to be heard.
The case by the government had gone haywire on one occasion and the representatives were asked to pay costs of $10,000 by Justice Roxanne George-Wilshire for failing to respond to an affidavit.
On another occasion they produced a document which appeared to be tampered with. The document purported to have come from The Minister of Local Government shows a superimposition using a pen over the original date. The superimposition had shown clearly that the document was dated on a day subsequent to December 6.
The government is being represented by Attorney at law Adrian Anayamah.
December 10, 2011 | By KNews.
The government, through the Ministry of Local Government, the Region Six Democratic Council and its Regional Executive Officer, Badase Poonai, has decided to throw in the towel in the case against dismissed overseer of the Ordnance Fortlands No38 Neighborhood Democratic Council Godfrey Evans. They are prepared to pay Evans.
Evans had challenged what he described as his unlawful dismissal.
The matter which is being heard in the Berbice High Court is set for continuation on January 13, next, when Evans should be paid his Superannuation benefits, which include his gratuity and pension.
Mr Evans through his lawyer, Mursaline Bacchus, is also claiming costs.
Evans, of New Street Cumberland Village, East Canje Berbice, moved to the High Court to seek redress after he was dismissed from his job, with immediate effect on December 12, 2010 upon instructions of former Regional Chairman Zulfikar Mustapha.
His dismissal was later confirmed in a letter signed by Poonai and dated December 7, 2010.
Evans who has been working at the said NDC for over 31, since 1971 and being the overseer since 1987 was dismissed along with sluice attendant Raulton Hinds with immediate effect after a sluice in Cumberland was left open and caused flooding in the area.
In the writ, Evans, a father of two, stated that neither The Regional Democratic Council of Region Six nor any of its officers has the jurisdiction and or power to dismiss or terminate his employment .
He added that his dismissal was illegal and/or unlawful.
He further stated that the purported delegation by the Minister of Local Government of his powers under section 43 of the Local Government act, chapter 28:02 is null and void, illegal, unlawful and ultra vires and that the local Government Minister could not delegate such powers. He can only be dismissed under section 43 of the Local Government act Section 28:02.
He also stated that he was not given an opportunity to be heard.
The case by the government had gone haywire on one occasion and the representatives were asked to pay costs of $10,000 by Justice Roxanne George-Wilshire for failing to respond to an affidavit.
On another occasion they produced a document which appeared to be tampered with. The document purported to have come from The Minister of Local Government shows a superimposition using a pen over the original date. The superimposition had shown clearly that the document was dated on a day subsequent to December 6.
The government is being represented by Attorney at law Adrian Anayamah.