Court dismisses lawsuit of Sport Minister's ex-adviser

A FORMER adviser to the Minister of Sport and Youth Affairs has lost his wrongful dismissal claim because he did not disclose his simultaneous employment with the Tobago House of Assembly (THA).

Instead of the $440,800 he was claiming in restitution, Huey Cadette will have to pay $65,580 to cover the state’s legal costs after Justice Westmin James dismissed his lawsuit.

Cadette was the minister’s adviser from November 14, 2018, to January 11, 2019. His salary was $21,000 with a $2,200 transport allowance.

When he was fired, he was told it was because he failed to disclose his engagement as co-ordinator of the community consultative planning unit with the Division of Community Development, Enterprise Development and Labour with the THA.

In his lawsuit, Cadette claimed when he was offered the position, he advised the minister he was not employed with the THA but was engaged as a co-ordinator. He also claimed he told her he would meet with the then-chief secretary Kelvin Charles on his intention to resign and he assumed the position of adviser on November 14, 2018.

Cadette said he was told to provide a proposal for permanent terms and conditions to be sent to the Chief Personnel Officer and he did so in December 2018, He said he was asked to explain his employment with the THA and he said he was engaged to provide a contract of service and was merely a consultant.

He eventually submitted his resignation to the chief secretary on December 17, 2018.

In his lawsuit, Cadette said the decision to terminate him was unwarranted and he was not allowed to be heard. He complained about his vehicle being repossessed, he could not pay for its release and also had to cancel his lease for it. Cadette said the minister’s decision to fire him was a “blot on his career” and he was shunned by colleagues.

Cadette became director of monitoring and evaluation in the Division of Infrastructure, Quarries and the Environment with the THA on October 1, 2019.

The state denied Cadette told the minister of his position as coordinator for the THA.

Minister Shamfa Cudjoe-Lewis gave evidence that Cadette told her he was not employed at all but received odd jobs from the THA as a consultant. She also said she got a call from the former chief secretary asking about Cadette’s employment and she verified it was so. She said she was told Cadette was employed full-time with the THA which he did not put on his curriculum vitae or mentioned in his proposal. The minister said there was an express term of his contract that he was not to be employed with another ministry.

In his ruling, James said he found the minister's version of her interaction with Cadette to be “more credible.”

“I do not believe that the claimant indicated that he was currently engaged and the extent of his engagement with the THA to the Honourable Minister.”

He also noted that Cadette did not, in his proposal for permanent employment, disclose his engagement with the THA.

“This to the court meant that the non-inclusion was also intentional.”

In deciding the case, James referred to the minutes of Cadette’s meeting with the ministry’s acting permanent secretary on December 31, 2018, and also noted that he did not tell his supervisors at the THA that he was the minister’s special adviser.

“In light of all the evidence, on a balance of probabilities, the court finds that the claimant did not disclose his engagement and the extent with the THA to the minister before the commencement of his duties.”

James also said it was well-established that employees owed their employers an implied duty of fidelity and good faith and the role of adviser to the minister required a high degree of trust and confidence.

“Given the seniority and importance of the role, the claimant was subject to an elevated standard of loyalty and diligence to a fiduciary duty.”

James added, “I agree with the Honourable Minister’s assessment that the two positions held by the claimant presented an inherent conflict.

“The overlap between the two roles – advising different entities on youth development policies in Trinidad and Tobago, including engagement with Tobago stakeholders – made the potential for a conflict of interest evident.”

He also said holding two full-time public service positions at the same time was prohibited by the public service regulations.

‘His dual engagement raised issues for the public service…Based on the evidence, I agree with the defendant that the claimant’s engagement with the THA undermined his ability to serve the minister faithfully.

“The claimant breached his duty of fidelity, the implied duty of trust and confidence, fiduciary duty and his non-disclosure provided sufficient grounds for his termination.

“Consequently, I hold that the claimant was terminated for cause and his case should be dismissed.”

Attorneys Farai Hove Masaisai and Bernelle-Joy La-Foucade represented Cadette while Shalini Singh, Janique Mitchell and Vincent Jardine represented the state.