General Secretary of the National Union of Public Workers’ (NUPW) Roslyn Smith and President Akanni McDowall are headed to court for a showdown.
News of this broke this morning when Smith released a press statement signalling her intention to sue McDowall for defamation.
The lawsuit stems from a memo dated August 28, 2018, in which McDowall made certain statements to the NUPW’s National Council, with reference to Smith’s use of the union’s credit card.
Smith has accused McDowall of making several “extremely serious, sensational and irrefutably false statements against her”, which had the potential to cause her to lose her job.
According to the release, correspondence was sent to McDowall’s lawyers on January 11, 2019, informing him of the planned action.
However, McDowall, who is represented by the legal firm Clarke Gittens Farmer, has claimed that he is protected from any defamation lawsuit.
A letter sent to Smith’s attorney Duana Peterson, a copy of which was obtained by Barbados TODAY, stated that McDowall was protected under the Trade Unions Act, as president and chairman of the National Council.
“In fulfillment of this duty, our client issued the memo to the National Council under the letterhead of the NUPW and in his capacity as chairman and president. Therefore, the memo was issued by our client on behalf of NUPW,” the letter read.
“Consequently, we have advised our client that he is afforded protection from your client’s claim of defamation pursuant to Section 7(1) of the Trade Unions Act CAP 361.”
McDowall’s legal representative maintained their client’s innocence.
“Our client denies your client’s allegations that the statements complained of are defamatory in that they are true and reflect a decision taken at a meeting held on August 2, 2018 and discussions occurring on August 23, 2016.
“Accordingly, our client wholly rejects the allegations made against him by your client and will defend any subsequent proceedings in respect of this matter,” it read.
The NUPW president also questioned the timing of the lawsuit.
In a recent interview with Barbados TODAY, McDowall revealed that he would be seeking a third term as president in the April 3 elections.
“I find it quite interesting that this letter will come weeks before the union elections, relating to a matter since 2018. I believe the union has more significant issues to address and I will like to focus on those issues. Right now I am focusing on ensuring that the rights of workers are protected,” McDowall said.
Smith alleged that in the circulated memo, McDowall said the National Council had taken a decision at a special meeting held August 2, 2018, to have all of the documents in respect of her credit card’s use brought to the National Council.
At a special meeting held on August 23, 2018, she alleged that McDowall claimed she made several purchases using the union’s credit card, which were not approved by the National Council and that on the same date the Council purportedly instructed her to give an account of her expenditure of the sum of $13 262.57.
Furthermore, Smith contended that the NUPW president or his agent, had leaked the memo to the Nation Publishing Company and Barbados TODAY, causing the said defamatory statements to be published in subsequent publications.
As a result, the NUPW general secretary is also suing both media houses for defamation.
Smith’s legal representative charged that “by their ordinary and natural meaning, the said words uttered by McDowall implied or suggested that her client acted in a manner that was dishonest, fraudulent and without sanction in relation to the use of the NUPW’s credit card and that she was further summoned to a meeting of the National Council to give account of these alleged unauthorized charges.”
The release further charged that the statements made by McDowall “amount to a very serious defamation of Smith and have caused her serious distress and public embarrassment…the statements are false, scandalous and unjustified and amount to a very serious defamation of my client, conveying imputations of impropriety, bad character and unfairness,” the attorney-at-law alleged.
Here we go again! The NUPW reminds me of President Trump. He is a political creature of MAM and does her biddings even if his members get hurt. In what way is he protected? You mean a union leader can write lies or anything negative on an official letterhead and be protected?
Both of them misused their power and the union credit card
Fighting within the NUPW now being exposed. Things will never be the same again, too much bad blood. Next is the BLP camp, they can’t keep hiding their nasty, dirty lining forever. Cracks already taking place.
For years they allowed themselves to be used as the attack dogs of the then opposition. Now that opposition got what they wanted with the help of these attack dogs, they have abandoned them. The attack dogs are now turning on themselves. Irrelevant idiots.
I glad for wunnah!
….and that JOHNNY who has CROW as his surname tells himself that CRACKS are appearing in the BLP ..but CANNOT tell himself WHERE…lord have mercy.
Everybody can see the CRACKS done to his CROOKED DEMOCRATIC LABOR by that MASSIVE LANDSLIDE last year…all that is left is the already heavily damaged foundation and further enhanced by an invasion of termites and he bout de place looking for cracks….and with that CROOKED DEMOCRATIC LABOR PARTY fighting within the BOSOMS and BOWELS of DEM down in GEORGE STREET has already been exposed.
Things will never be the same again, too much bad blood between the top two floors and the ground floor, can’t YOU see the CRACKS there in their INFANCY stage? allya can’t keep hiding allya nasty, dirty lining up there forever.
……and those HAIRLINE FRACTURES there can be seen from those other than wunna YARD FOWLS…fix DEM before they develop into MORE and BIGGER CRACKS and stop minding other peoples imaginary cracks…you in got one?..daiz the one YOU should be worrying bout…you got a FETISH for others now?
No example shown and they are suppose to be representing workers. That NUPW always had power hungry struggles
I dont care what happens to she and he.
I would like her to keep her dirty paws off BARBADOS TODAY.
I aint want to know if you gine sue he or if he protected i want to know about the millions of dollars that does get collect yearly, and the millions of dollars that on the bank year after year that you all got there, you dont give loans you all dont give medical money, only about $75 if you gine to see a eye doctor, or to help pay for glasses, where is the money is, this is the main thing some ppl want to know, very soon in the not to distant future i know there will be a mass exodus of ppl leaving that NUPW, and no addition to the flock, this UNION does nothing for the workers, every other union got a kind of banking and loan system and this one dont, got to be kidding me, SMITH was there with GODDARD and CLARKE,
SMITH, GODDARD AND CLARKE you all were there for over 30 years at the head of the NUPW, WHERE THE PPL MEMBERSHIP MONEY GONE OVER THE YEARS, THAT SHOULD BE A MILLION DOLLAR UNION WITH A BANKING SYSTEM GIVING LOANS AND PAYING DIVIDENDS TO THE MEMBERS