PTSC agrees to pay fired manager $.5m

THE PUBLIC Transport Service Corporation (PTSC) has agreed to pay to one of its former managers a little over $.5 million after he was fired in 2013 because it was alleged he did not have the qualifications for the position he held at the transport company.

Ishwar Jadoonanan sued the PTSC for $1.6 million in damages after his contract was terminated in September 2013.

His lawsuit came up for trial before Justice Frank Seepersad in the Port of Spain High Court yesterday, however, the judge was told the parties agreed to settle the matter.

The PTSC agreed to pay Jadoonanan $541,041.14 in compensation and an additional $74,576 in costs.

The former senior manager at the PTSC was represented by attorney Keith Scotland while Nirad Ramrekersingh and Richard Freeman appeared for the PTSC.

In his lawsuit, Jadoonanan said he interviewed for the position of human resource manager on September 7, 2010, at which point his qualifications were perused by the interviewers, which included the then PTSC general manager and several other senior managers.

He was hired and on September 8, 2010, and signed a contract for the position. Two months later, he was redesignated to the position of deputy general manager –human resources.

Jadoonanan said in 2011, he began experiencing back pains and had to have surgery. He received medical certificates for leave for June 13, 2011 to the end of August that year and returned to work in September.

He said he was paid for his sick leave, and at no point was he told that PTSC had intended to deduct it from his salary.

After another restructuring exercise at the transport company, Jadoonanan was put to act in the position of deputy general manager- administration on December 21, 2011 and in January 2013, he was confirmed in the position.

However, Jadoonanan said on August 28, 2013, he was asked to submit copies of his curriculum vitae and certificates to the permanent secretary (PS) of the Transport Ministry and was summoned to a meeting, along with other managers with the then minister Chandresh Sharma, in September. At that meeting, he was asked to produce documents evidencing his qualifications which were examined and then after the meeting ended, he was told that its purpose was to discuss his termination.

Jadoonanan was told he did not possess the qualifications to hold the position of deputy general manager- administration and that his salary of $59,000 was not approved.

In its defence, the PTSC’s current deputy general manager – human resources, Johnathan Cumberbatch, said a request was made in November 2011, from the then chairman of the corporation to the minister for the post of deputy general manager corporate services (administration) be filled.

Cumberbatch said he had not seen any approval from the minister in relation to the request, but Jadoonanan had been confirmed in the position in January 2013, retroactively to take effect from December 2011, with a salary of $51,000 plus allowances.

He said in 2013, the PS of the ministry had queried the disparity between Jadoonanan’s salary and the other deputy general managers and whether the minister’s approval was given for the appointment.

Cumberbatch said he had not seen a response to the PS’s queries, but from his investigations, it was clear that Jadoonanan did not possess the requisite academic qualifications for the role as he had no master's degree in business administration or its equivalent.

He said Jadoonanan would have also incurred no-pay sick leave, and the gross amount owed to him at the time of his termination was $76,941.11.

Jadoonanan said he calculated his outstanding salary and allowances, to which he was entitled under his contract, to be $892,500; $275,000 for vacation leave and $428,000 in gratuity.

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