Judge to review BADMC CEO’s sacking

Terminated Chief Executive Officer (CEO) of the state-owned Barbados Agricultural Development and Marketing Corporation (BADMC) Dr Brian Francis will have his day in court on Thursday.

On Monday, his attorney Hal Gollop,QC was officially informed of the date, three days after filing an “urgent claim” in the High Court calling for a judicial review of the BADMC’s decision to “summarily terminate” his client’s contract.

Francis, who was only on the job for eight months, was fired on March 12, 2021, after the board had withdrawn its three allegations against him during a hearing earlier that same day.

The charges had accused Francis of issuing threatening correspondence to the board of directors, breaching its electronic, email and internet use policy and breaking its confidentiality policy.

The corporation relied on a clause in his contract which provided for either party to end the agreement with a month’s written notice to end his stint with the corporation.

However, in his termination letter, the state agency informed the former CEO it was in the best interests of all concerned that rather than requiring him to work out the period of notice, “a payment of your monthly earnings will be made in lieu thereof”.

In that correspondence, the board told Francis it had taken the decision, with the approval of the Minister of Agriculture and Food Security Indar Weir to terminate the contract based on that clause.

However, the law suit filed to challenge the board’s decision has listed seven grounds as the basis of the action and deemed the dismissal as “unlawful.”

One ground contends that the decision was contrary to law, another insists that it was an excess of jurisdiction, while a third suggests that the board breached the principles of natural justice.

“It was an unreasonable, irregular and improper exercise of discretion…an act of bad faith…and it was informed by the taking into account of irrelevant considerations,” the claimant added in his grounds.

The final ground suggests that the BADMC’s action was characterized by an absence of evidence upon which a finding or assumption of fact could reasonably be based.

When the case comes up for hearing, Gollop will be seeking relief in the form of a declaration from the court that the decision and/or advice of the BADMC in terminating his client’s contract with immediate effect, was an abuse of discretion, unlawful and therefore ultra vires.

He will also be asking the judge to issue an Order to quash the decision and/or administrative act or advice and/or recommendation of the statutory body to fire Francis.

The claimant is also requesting an award of damages for an undisclosed sum, court costs and such further order as the court may deem just.

In a 27-page sworn affidavit, which was also lodged in the High Court on Friday, the embattled CEO said the Termination of Services/Lay Off Certificate presented to him on March 12, stated: “Termination of contract” as the reason for his dismissal.

“I have been advised by legal counsel that that entry fails to give a reason for the termination of my contract and is a clear instance of a dismissal at pleasure as none of the reasons by which an employer may legally dismiss an employee is stated,” Francis revealed in his affidavit.

The claimant stated: “When, on perusal of the documents, I found out what was their full import, I was shocked and totally flabbergasted. It was inconceivable that the defendant, having begun the process of giving me a chance to be heard in my defence of the ‘allegations of misconduct’ and having taken the decision to withdraw the charges, could then abandon the process of according me my right to a fair hearing and still take the decision to terminate my contract of employment.

“I therefore concluded that the seemingly fair and proper approach to institute the hearing was a mere sham and a farce. This was the only conclusion one could arrive at after considering how speedily the letters and the other documentation were compiled and served on me,” the ex-BADMC chief executive stated.

“It was a clear indication,” the affidavit declared, “that the board had come to the hearing with its mind already made up to dismiss me summarily. I am advised by legal counsel that such action constitutes a breach of the rules of natural justice.”

But on Tuesday, Minister Weir stoutly defended the firing of the former chief executive officer.

In fact, a visibly irritate Weir who was speaking in Parliament during the Estimates debate, suggested that the board took the correct decision to suspend and later terminate Francis due to certain anomalies.

However, before Weir could further respond to certain comments surrounding the issue, he was cut short by Speaker of the House Arthur Holder.

“I have to literally control myself so that I do not respond to the salaciousness that is out there in the press, but suffice it to say, no board comprising people of the calibre of the people we have at the BADMC, people like professor Dr Troy Lorde, Dr Jeannine Comma – academics – would seek to victimize or seek to do unjust to anyone unless there is cause,” said Weir.

“An injustice to anyone unless there is cause is not something you would entertain. I want to place before this Honourable Chamber that a decision taken to terminate a contract was a hard one, but you do not keep a contract in place when against all other anomalies a person is writing loans to themselves to the tune of $39,000,” he added.

It was at this point that the Speaker of the House cautioned Weir that “one has to be very careful using this forum when matters are sub judice”.

Weir said he raised the issue in the Lower House because he was “cognizant that it is not there [filed in the law courts] yet”.

“Therefore, I just want to set the record clear, we do not go around victimizing people. The reason I have not responded to this in public is the exact thing you just mentioned because there is another matter that is sub judice. But we have to let these things be what they are and understand that we are reasonable and responsible people and that we don’t take decisions to hurt people,” said Weir as he wrapped up his contribution.

(emmanueljoseph@barbadostoday.bb)

(marlonmadden@barbadostoday.bb)