Court awards $1.6m to ex-Equal Opportunity Commission CEO over contract non-renewal

The High Court has awarded over $1.6 million in damages to former Equal Opportunity Commission (EOC) CEO Devanty Maraj-Ramdeen after ruling that the Office of the Attorney General failed to give her a fair chance to respond before deciding not to renew her contract in 2021.

In October 2022, Maraj-Ramdeen partially succeeded in her lawsuit over not receiving a contract extension after her third three-year term ended last year.

Justice Joan Charles found that Maraj-Ramdeen’s constitutional right to protection of the law was breached when she was not informed or allowed to be heard before the decision was made.

Although her claim against the EOC itself was dismissed, her case against the Attorney General succeeded.

Maraj-Ramdeen’s contract had been renewed twice before, and her performance appraisals were positive, with the chairman of the commission recommending renewal. Despite this, the contract was not renewed, and she was not told why. The judge said this failure was a clear violation of the rules of natural justice.

On June 26, Charles, who assessed compensation, awarded Maraj-Ramdeen $1,341,156 in lost salary and benefits less income tax and NIS, $200,000 in vindicatory damages to acknowledge the constitutional breach, and $100,000 for emotional distress and inconvenience. She was also awarded legal costs, with interest to be paid from April 15, 2021, until October 13, 2022.

The judge noted the emotional and financial harm caused by the sudden decision, especially given that Maraj-Ramdeen had to help remove herself from internal systems at the commission while training others to take over her duties.

In her assessment, Charles considered several aggravating factors when awarding vindicatory damages.

She also noted, “The blatant unfairness meted out to her in failing to give her an opportunity to address concerns they might have had about her performance, or to discuss the decision itself with her, given her exemplary performance in the post, only added to the hurt and embarrassment she experienced.

“The claimant was humiliated before her juniors when her post was advertised, and she had to give them directions regarding the steps to be taken to remove her from the corporation’s systems.”

In her ruling on Maraj-Ramdeen’s claim, Charles held that while the then-attorney general was within his legal rights not to renew Maraj-Ramdeen’s contract, the failure to consult her or provide reasons before advertising the position violated principles of natural justice. Maraj-Ramdeen, who served from 2011 and had two three-year renewals, had expressed interest in a third term before her contract ended in 2021.

Evidence showed the recommendation for her renewal came from EOC chairman Ian Roach, based on prior assessments, not the board as required. As a result, Charles ruled the decision to be lawful but procedurally unfair.

Maraj-Ramdeen was represented by Anand Ramlogan, SC, Renuka Rambhajan, Jayanti Lutchmedial-Ramdial, Natasha Bisran, Vishaal Siewsaran..

The EOC was represented by Russell Martineau, SC, Dominique Martineau and Marcelle Ferdinand.