Judge to rule on Jearlean's wrongful dismissal lawsuit in April 2020

JUSTICE Kevin Ramcharan will give his decision on April 20, 2020, in the wrongful dismissal lawsuit brought by fired Housing Development Corporation (HDC) managing director Jearlean John against her former employer.

On Friday, Ramcharan gave the date he intends to give his ruling at the end of evidence at the trial, which took place over three days at the Hall of Justice in Port of Spain.

John testified on Wednesday, denying she was disrespectful at a meeting of the board on March 21, 2016, the day before she was fired.

She said she felt “ambushed” at the meeting, since she had tried to find out what was on the agenda. She also denied she was “vex” because she had been sent on administrative leave on December 17, 2015, to facilitate an audit into the HDC’s operations.

John was the HDC’s managing director for six years, from 2009 to March 21, 2016, when she was fired by the Newman George-led board.

George, HDC’s chairman, testified on Thursday, insisting that John was disrespectful at the board meeting when asked about the leasing of two high-end vehicles, a Mercedes Benz and a Range Rover and the board, he said, decided to fire her.

He admitted that John’s request for an agenda for the meeting was not “unreasonable,” nor did she do anything previously for him to hold the view that she would be unco-operative at the meeting.

Testifying yesterday as an HDC witness was one of the members of the team which did the audit commissioned by the HDC board. Gyasi Browne, a senior associate with PricewaterhouseCoopers, admitted he did not produce any evidence to show there was wrongdoing on John’s part.

Under cross-examination by John’s attorney Gerald Ramdeen, Browne also admitted that the audit report, which was handed over to then minister in the Ministry of the Attorney General Stuart Young on May 9, 2018, was not exhibited in his evidence. However, he said he had seen the final report.

Browne said he was only tasked with making a site visit to the Oropune housing development in Piarco to find out if the work contracted out by the HDC had been carried out. He was also questioned about some of the documents he exhibited in his witness statements, which included invoices.

In her lawsuit, John is seeking $7.5 million in compensation, $5 million for damage to her reputation and $1.42 million for the eight and a half months she had left on her contract when she was fired. She is also asking for an additional 24 months’ salary, which she said was the established practice at the HDC for departing managing directors.

John was paid a $62,000 salary and $36,000 in travel, housing, communications and entertainment allowances.

In testimony under cross-examination on Thursday by HDC’s lead attorney Russell Martineau, SC, John admitted that since her employment with the HDC was terminated, she had been doing consulting work.

“”I am grateful for all work,” she said, adding that she was also “very proud” of her role as deputy leader of the United National Congress.

Included in her lawsuit is a claim that she was fired because she raised several allegations of misconduct at the HDC.

George, in his evidence, admitted that in November 2015, John wrote a letter detailing allegations which included an attempt by a former minister to influence the award of garbage disposal contracts, as well as an alleged demand by the wife of a senior government minister for refurbishment contracts for a housing development.

George said he investigated the allegations and told John to follow the HDC’s procedure relating to the award of the garbage disposal contracts.

John is also represented by Umesh Maharaj and Dayadai Harripaul. Anthony Bullock and Marcelle Ferdinand are also representing the HDC.