Security firm ordered to pay NIB $8.3m

A security company from St Augustine has been ordered to pay the National Insurance Board (NIB) a little over $8.3 million for outstanding contributions, penalty and interest.

Justice Ricky Rahim made the order on Thursday as he gave judgment for the NIB, striking out Quality Security Body Guard Service’s defence.

In 2018, the NIB filed a claim against the security firm for $8,214,320.65 for outstanding contributions, penalty and interest.

The board submitted that the non-payment of contributions, of which the firm was guilty, also attracted penalties and interest, from September 2012-March 2016.

In his decision, Rahim said the firm’s defence was that it owed contributions but did not know how much, and was not willing to accept the figures claimed by the NIB.

“The defence appears therefore to be simply one of the defendant sitting back and saying, ‘Yes, I owe you. I have no basis for saying that your figures are incorrect. Neither will I say how much I owe you. So I will simply have you prove it.’

“This is quite improper,” the judge said.

“There are therefore no facts that need be determined at trial and to permit the defence to stand would be to permit the waste of judicial time and resources as the defendant has disclosed no grounds for defending the claim.”

He also pointed to claims in an affidavit by a director of the company that the firm had misplaced its pay records for 2009-2016. Rahim said this was not pleaded in the defence, although he admitted, “The effect of that information even if present in the defence would in any event have not put the defendant in a better place in light of its clear denial of the sum claimed by the claimant.”

As well as the outstanding contributions, penalties and interests to the NIB, the security company was also ordered to pay the board’s costs.

Attorney Ravi Heffes-Doon represented the NIB.