Ex-Self Help Commission employee loses lawsuit for wrongful dismissal

- File photo
- File photo

A HIGH COURT judge has dismissed a lawsuit brought by a former employee of the National Self-Help Commission (NSHC) for unfair and wrongful dismissal.

In an oral decision on Monday, Justice Frank Seepersad ordered Tricia Brown, the commission’s former administrative officer who was dismissed on April 11, 2019, to pay the commission’s costs.

He said he was of the view she failed in her duty and obligations and the commission had “just cause” to terminate her employment when she failed to produce a sick leave database she compiled before she was transferred from the Port of Spain office to San Fernando.

Seepersad said Brown also failed to provide a reasonable explanation on why she could not produce the record when called on to do so.

In her evidence, Brown outlined her tenure with the commission and the events which led to her eventual dismissal. She also faced disciplinary charges which she previously challenged in court. A second set of disciplinary charges was instituted which led to her dismissal.

She claimed she was victimised and accused the commission of failing to restrain her superiors from harassing her and intentionally inflicting mental stress and suffering.

Seepersad said it was more likely than not that her failure to provide the database was linked to her transfer.

“Employees need to understand they must be held accountable for information under their purview.”

He said even aggrieved employees had an obligation and duty of fidelity to their employers and the withholding of information under one’s remit can be viewed as misconduct or insubordination.

He said Brown was not entitled to compensation for wrongful dismissal nor did he have the jurisdiction to consider her complaint of unfair dismissal which is reserved for the Industrial Court.

In her lawsuit, Brown said she was forced to rely on Government grants to support herself and her family. She had asked for approximately $176,808 in special damages.

Brown was represented by attorney Farai Hove Masaisai while Frederick Gilkes represented the commission.

Testifying on Monday was former chief executive officer of the NSHC Elroy Julien who denied he gave the directive for the second set of disciplinary charges to be instituted against Brown. He said that was the decision of the commission’s board.

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