State must pay pathologist in contract dispute

THE High Court has ruled in favour of Dr Hughvon des Vignes, a former pathologist at the Forensic Science Centre (FSC), ordering the State to pay him over $163,000 in gratuity, along with interest and legal costs, after a long-standing dispute over unpaid contractual entitlements.

Justice Westmin James ruled des Vignes was entitled to interest on his gratuity from 2013-2016 , which had been paid only after the former state pathologist took legal action, five years after it became due when his contract ended at the end of January 2016.

He also held des Vignes was entitled to gratuity for what he earned from 2016-2019, which amounted to 20 per cent of his gross salary.

Des Vignes was employed under a three-year contract from February 1, 2013-January 31, 2016, which entitled him to gratuity on successful completion.

However, the State failed to pay him this sum for five years.

He also claimed he was entitled to remuneration for post-mortem examinations he performed between 2016 and 2019, during which time he had no formal contract, but continued working under an interim arrangement.

Des Vignes said he worked under an interim salary arrangement from October 3, 2016-March 13, 2019, pending negotiations on a new contract.

The Ministry of National Security offered him a formal contract, but he rejected it, arguing that its terms were unfavourable.

He eventually stopped doing autopsies in March 2019 owing to the lack of a new contract and increased workload without compensation.

The ministry tried to argue that since des Vignes never signed the new contract, he was not entitled to gratuity.

However, James dismissed this position.

“I disagree with the defendant’s witness that the claimant is not entitled to gratuity unless he signed the formal contract, which he rejected.

“The claimant is entitled to gratuity based on the interim contract under which the parties were operating.”

After reviewing the evidence, James ruled in favour of des Vignes, ordering the State to pay him $163,497.15 in gratuity for the 2016-2019 period, with interest at 1.5 per cent per annum from April 1, 2019, until judgment and five per cent statutory interest until the full payment is made.

The State was also ordered to pay des Vignes’ legal costs, assessed at $38,108.20.

The judge granted a 42-day stay of execution.