BADMC ex-CEO to have day in court on dismissal

The High Court is to have its say next month in the case of the fired CEO of the state-owned Barbados Agricultural Development and Marketing Corporation (BADMC) Dr Brian Francis.

Attorneys for both sides were expected to file written submissions before September 21 when the court reconvenes.

In March, the former CEO’s attorney Hal Gollop QC filed 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Francis, who was only on the job for eight months, was fired on March 12 after the board had withdrawn three allegations against him during a hearing earlier that same day.

The directors had accused Francis of issuing threatening correspondence to the board, and breaching the agency’s policies on email, internet use and confidentiality.

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

But in his termination letter, the state agency’s board informed the 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 Minister of Agriculture Indar Weir to terminate his contract based on that clause.

But the lawsuit 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.

Gollop is seeking relief in the form of a declaration from the court that the decision or advice of the BADMC in terminating his client’s contract with immediate effect, was an abuse of discretion, unlawful and voids the dismissal.

He is also asking the judge to issue an order to quash the decision of the statutory body to fire Francis.

The claimant is also requesting an award of damages for an undisclosed sum, court costs and any further order that the court may deem just. (EJ)