Jwala Rambarran to receive $5.4m for wrongful dismissal

Ex-Central Bank governor Jwala Rambarran will go home with $5.4 million in compensatory damages.

This represents the salary and allowance he should have received from the date of his dismissal on December 23, 2015-July 16, 2017, when his tenure would have come to an end if he had not been unlawfully fired.

On Tuesday, Justice Devindra Rampersad said damages were assessed at $7,545,217.57.

However, $1,931,162.29 represented tax deductions, leaving a total of $5,470,055.28 for Rambarran. This is in addition to the $175,000 the judge previously ordered as vindicatory damages.

Rampersad said Rambarran was entitled only to what was pleaded in his case. In assessing the amount he should receive, Rampersad said he looked at Rambarran’s salary – his last was $173,435 a month – and the allowances which were not contested.

There were some claims, such as a travel grant, vacation leave and group health and life insurance, that were not sanctioned by the judge, who said Rambarran failed to provide sufficient evidence to support them.

There were other allowances such as housing and medical that the judge said were uncontested.

He gave a breakdown of the figures in a written decision. In it he was critical of the bank for failing to assist the court by giving information related to salary and perks Rambarran claimed he should receive. Rambarran was claiming entitlement to $9,968,720.25.

Instead, the judge relied on a letter which had already been provided to the court in the early stage of the case.

“...The court thought that it may have been helpful to have received the information in relation to the claimant’s compensation directly from his former employer, the CBTT, which falls within the purview of the defendant in this constitutional law matter as the titular head for claims brought against an arm of the State.”

He said the bank “ought to have been more forthright and full and frank in respect of the information and the calculations that it provided to the court since it was in the best position to do so.”

Rampersad said it was the bank that had the figures on Rambarran’s performance rating up until the date he left, but failed to provide it.

“This court, however, has a deep concern when it comes to an entity such as the CBTT, no less, which holds such a prominent position in the framework of the Republic of Trinidad and Tobago failing to assist the court in a matter in which they have all of the information.

“The legal authorities which call on the State to lay all its cards on the table are a recognition of the position that the defendant holds in the legal and constitutional framework of the Republic of Trinidad and Tobago. That position is to preserve the Constitution and to explain, where applicable, the reasons and rationale for any breaches thereof to show the same to be reasonably justifiable in a society that has a proper respect for the rights and freedoms of the individual.”

He added, “It is not to protect himself or any state official or institution personally or to hide information that the State holds in trust for the citizens of TT which does not impinge on national security or other such legitimate concerns.”

Rampersad reminded that constitutional claims were not meant to be antagonistic personal litigation.

“It is the citizen seeking relief under the all-encompassing Constitution.”

On June 22, the judge ruled that Rambarran’s termination was in breach of the Constitution. He also ordered vindicatory damages of $175,000.

He adjourned his decision on the calculation of what was owed to Rambarran, less deductions, including income tax.

His substantive ruling has been appealed and Rambarran has filed a cross-appeal of the sum of vindicatory damages ordered.

In his lawsuit, Rambarran claimed the Government unlawfully revoked his appointment in breach of his constitutional right to due process and fairness. Rampersad upheld these claims in June.

Rambarran was fired as Central Bank governor on December 23, 2015, after acting president Christine Kangaloo revoked his appointment on the advice of the Cabinet. He had been appointed on July 17, 2012.

At the time, it was said he was removed for being “discourteous” to the Government by making public details of foreign exchange, announcing on December 4 that year that TT was officially in a recession, and disclosing the names of the companies that were the biggest foreign-exchange buyers.

On December 22, 2015, Rambarran was summoned to a meeting with Finance Minister Colm Imbert at which the permanent secretary in the Office of the Prime Minister, Maurice Suite, was present. Rambarran was presented with a press release from the bank, dated December 8, 2015, which noted the sentiments expressed by the private and financial sectors after Rambarran’s statements.

Two days after that meeting, Rambarran was served with the instrument of revocation of his appointment, which gave no reasons or grounds for his dismissal.

Rampersad was very critical of Imbert in his ruling.

Rambarran was represented by Anand Ramlogan, SC, Jayanti Lutchmedial, Kent Samlal and Vishaal Siewsarran. Representing the Attorney General were Russell Martineau, SC, Jason Mootoo and Romney Thomas.