Former Minister of State Joseph Harmon was yesterday formally fired from his position of Director General in the Ministry of the Presidency by Attorney General Anil Nandlall, even as he awaited word on a request for 42 days leave.
Harmon, who is also an attorney, told Stabroek News that he does not recognise Nandlall’s powers and that he had plans to return to work but did not state in what capacity.
His contract as Director General of the Ministry of the Presidency, which followed his departure from Parliament as Minister of State because of his dual citizenship, was signed on the 1st of May 2019 for three years; expiring on 31st May 2022.
“Having regard to the nature of the job, which you were engaged to execute, and did in fact execute, it is no longer possible or practical for you to perform those tasks under the new Government,” a termination letter sent to Harmon stated.
“Expectedly, those tasks ended upon the swearing in of the new President. You must appreciate that your contract contemplates its instantaneous termination upon the new Government assuming office,” it added.
Nandlall also told Harmon that the current “President and the Government of Guyana lacks confidence in you for reasons too obvious to state herein.”
Harmon fired back, saying that not only does he not see the correspondence as a letter of termination but that he plans to challenge any action taken against him and the taking away of his benefits, under the contract.
“Please take note that I do not recognise your authority and your convoluted attempt to explain the arbitrary, capricious action of a fraudulent government to deny me of contractual benefits. I shall pursue this matter further,” Harmon said that he told Nandlall in a reply.
Pressed by this newspaper if his taking the matter “further” meant legal action, he replied, “I didn’t say that I said that. That, I will decide,” he said.
He said that he had requested from the Ministry of the Presidency, through the Permanent Secretary and not the current government, 42 vacation days owed to him. “I never got a response from the Permanent Secretary but now I get a letter from Mr Anil Nandlall, whom I don’t recognize”.
Questioned on if he feels that he is still entitled to vacation days for this year and a job at the Ministry of the Presidency, he said “Of course! I know that I am.”
And when asked if he believed that he should be retained in his past portfolio and what did he believe was the logical thing for the current administration to do in these circumstances, he said that it was not about retaining a position and he should still be given the opportunity to keep his job. “I have a contract and I thought the thing to do was to call me for a conversation on the matter and let me decide,” he reasoned.
Under Harmon’s contract, he received a salary of nine hundred thousand dollars ($900,000) per month; duty allowance of two hundred and fifty thousand dollars ($250,000) per month (non-taxable); entertainment allowance of one hundred thousand dollars ($100,000) per month (non-taxable); housekeeping allowance of one hundred and twenty-eight thousand, four hundred dollars ($128,400) per month (non-taxable); and a gardener allowance of sixty-five thousand dollars ($65,000) per month (non-taxable).
Housing for the then Director General was paid for by government along with paid local, cellular, and international calls as part of a telephone allowance.
Harmon also received Government-paid GTT Blaze internet; a motor car and driver provided by the state or a duty-free concession for a vehicle of up to 4000CC per three (3) year period; entitlement to twenty four (24) hour security at his place of residence and payment of the electricity bill at his place of residence.
He was eligible for (42) days’ vacation counting from the anniversary date of appointment and a gratuity at the rate of twenty-two and one half percent (22½%) of basic salary, calculated at half yearly intervals.
Last week Harmon and his assistant and attorney Geeta Chandan-Edmonds asked the Irfaan Ali government for 42 days leave.
The Attorney General yesterday told Harmon that he was acting on behalf of the PPP/C government in giving the directive for his termination and that his portfolio was not catered for in the Public Service or created legally.
“You were compelled to resign as Minister of State and Member of Parliament of the Parliament of Guyana, on the 26th day of April 2019, as a result of the decision of the Chief Justice (Ag) of the High Court in Ram v The Attorney General of Guyana [2019]. On the said day of May 2019, you were engaged by contract as Director General of the Ministry of the Presidency to essentially continue to perform functions, which you executed as Minister of State,” the letter states.
“You must be aware that the post of Director General did not previously exist, either in the Public Service, or created by the Constitution or legislation. It appears to have been the creation of political expediency. As such, it enjoys no security of tenure and is purely contractual. The terms of your contract as it relates to termination were not consistent with contracts usually executed between the Government of Guyana and its employees. At the time of the execution of the contract and prior thereto, you exercised considerable power and influence over the staff of the Ministry, who executed that contract and standard clauses attendant to contacts of service do not appear in your contract,” it added.
And when former President Granger nullified Harmon’s position as protocol preparations for the General Elections, Nandlall said that it was clear that if that government lost that Harmon would no longer have his portfolio.
“Your employment, therefore, came to an end when the new Government assumed office, as it contemplates. Moreover, former President Mr. David Granger, relieved you of your position as Director General sometime in April 2020. Presumably, you accepted that decision, in as much as, you accepted the new assignment in lieu thereof, thereby rendering your removal as Director General, consensual and the termination of the attendant contract, mutual,” Nandlall said.
Harmon was earlier this year made the Chief Executive Officer of the National COVID-19 Task Force.
A termination letter was also sent by Nandlall to Tamara Evelyn M Khan who provided consulting services in the Office of the Prime Minister.
