Government appeals Acting Chief Justice’s ruling in Housing CEO wrongful dismissal case

Government appeals Acting Chief Justice’s ruling in Housing CEO wrongful dismissal case

Almost a month after Acting Chief Justice Roxanne George ruled, that former Chief Executive Officer of the Central Housing and Planning Authority, Lelon Saul was wrongfully terminated by the Minister of Housing in 2020, Attorney General Anil Nandlall has approached the Court of Appeal for a reversal of the decision.

The Acting Chief Justice had ruled that Mr. Saul was wrongfully terminated because he was dismissed by the Minister and not the board that hired him. She had further ruled, that Saul should be paid salaries and benefits for the 29 months he had remaining on his contract.

But in pleadings to the Appeal Court, Mr. Nandlall is contending that the Acting Chief Justice has erred and misdirected herself when she ruled that Mr. Saul was not lawfully terminated.

He also contends that the Judge erred when she ruled that the Minister is not vested with the power to dismiss Mr. Saul.

Mr. Nandlall further stated that the Judge failed to address the fact that Mr. Saul’s contract of employment fell within the private law sphere and could not attract judicial review because it was not a public contract.

That argument was also put forward by Mr. Nandlall in the High Court case, but it fell flat after the Acting Chief Justice ruled that Mr. Saul’s application reached the threshold for a Judicial Review.

Nandlall said the Acting Chief Justice’s ruling that Mr. Saul must be paid for the remaining months on his contract was excessive and therefore he wants the Court of Appeal to set aside, reverse or vary the ruling of the Acting Chief Justice.

Saul who had a three-year contract with the Government from 2020- 2023, was terminated with one month’s notice just after the change of Government in August 2020.

He approached the Court seeking judicial review, and through his Attorney, Darren Wade, argued that his termination was unlawful and was in breach of his contract of employment.

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