Former High Commis-sioner of Guyana to Canada Harry Narine Nawbatt has filed a $49M lawsuit against the APNU+AFC government, saying that the terms of his contractual agreement with the PPP/C administration were breached.
In court documents filed on his behalf by a team of lawyers including former Attorney General Anil Nandlall and Sase Gunraj, Nawbatt is asking the court to award him damages in excess of $25M for breach of contract and “special” damages in the sum of $24,295,104.
Nawbatt officially took up the post on February 10th, 2015 and his services were terminated with effect from August 31st, 2015. He was written to on June 8th, 2015 by then acting Director General of the Ministry of Foreign Affairs Audrey Jardine-Waddell, who notified him that his appointment as High Commissioner would end on August 31st, 2015 and that he would be reposted to Guyana.
In his statement of claim, he said that in a contract of employment made on February 9th, 2015, between the Government of Guyana and himself, he was engaged to perform the duties and functions of High Commissioner to Canada effective from the 10th day of February, 2015, to the 9th day of February, 2016, inclusive at a monthly salary of $773,801, subject to certain terms and conditions set out in a schedule attached to the agreement.
Nawbatt stated that he was to be paid a monthly station allowance of US$4,500 per month and the government was to provide him with free furnished accommodation, the free use of a chauffeur driven car and 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 25 years.
He was also entitled to a gratuity equal to 22½% of the basic salary payable in six-monthly periods or on termination of his Contract of Employment.
The agreement stated that Nawbatt could terminate his services once three months’ written notice of his intention to do so was given. The government could terminate this Contract of Employment by giving three months’ notice in writing or paying to him 6 months’ salary and Station Allowance in lieu of notice.
Additionally, the Government of Guyana, according to the agreement, would pay the cost of primary, secondary or tertiary education for his children.
The government was also obligated to subscribe or reimburse to him 66⅔% of the premiums payable in regard to a plan/or plans of insurance provided on an individual or group basis, for medical, dental, hospitalisation and post-hospitalisation benefits for himself and family, provided the insurance is maintained and/or is operative in the country where he is stationed.
The court documents stated that in a letter dated 8th of June, 2015, Jardine-Waddell, Director General (ag), Ministry of Foreign Affairs, “wrongfully and in repudiatory breach of the said agreement purported to terminate the Plaintiff’s employment and wrongfully dismissed the Plaintiff.”
A copy of the letter, which was included in the statement of claim, stated that Nawbatt’s appointment would end on August 31st, 2015 at which time “you will be reposted to Guyana”.
He was also directed to finalise all arrangements related to his departure. He was asked to take note that all benefits accruable at the post ended on August 31st, 2015.
“In this regard it would be appreciated if you could submit soonest invoices/estimates in respect of the following so that the necessary funds could be remitted to facilitate your departure:
- a) One-way Business Class airfare from post to Georgetown for yourself, wife and children;
- b) Excess baggage not exceeding 30 kilos for yourself and each accompanying family member;
- c) Packing, crating, shipping and insurance costs for your personal and household effects to the volume of one (1) 20ft container and two motor cars”, the letter stated.
Also attached was a breakdown of Nawbatt’s special damages. The total figure is $24,295,104 or US$22,500.
Based on his computation, Nawbatt says he is owed $4.3M for salary up to February 9th, 2016; gratuity of $5.7M, $4M for 158 days leave; $4.8M in station allowance; $4.6M in station allowance for leave for approximately five months and $2M in business class return air passages, among other things
It was stated that Nawbatt has made “numerous demands for payment but they were all futile.”
Nawbatt raised eyebrows when he accompanied PPP/C officials on the campaign trail during the May, 2015 regional and general elections.
Days before the elections Nawbatt accompanied then Minister of Foreign Affairs Carolyn Rodrigues-Birkett as they campaigned in indigenous communities in Region Nine. Nawbatt’s role as a former Executive Director of the Social Impact Amelioration Programme (SIMAP), which had undertaken a number of development projects in those communities, was emphasised as he sought to convince attendees at the meetings that they should vote for the PPP/C.
Observers had said it was unusual that a lead envoy at an overseas mission would be deployed for partisan campaigning at home, more so as he was also formerly the head of the social relief programme, which entailed neutrality.
One month after the newly-elected government entered office, his contract was terminated.
