Latest update October 11th, 2024 12:59 AM
Apr 14, 2016 News
The Ministry of Foreign Affairs is not just about to throw in the towel over a $49M lawsuit filed by former
High Commissioner to Canada, Harry Narine Nawbatt, who said he was wrongfully dismissed last year.
Days after Nawbatt and his legal team announced the lawsuit, the Ministry has come out with a statement saying he was a political appointee who failed to submit his resignation after the People’s Progressive Party/Civic (PPP/C) lost the elections.
According to the Ministry yesterday, it has noted media reports of the $49M lawsuit.
“The Ministry wishes to draw attention to customary practice where a change in administration may result in the termination of services of non-career diplomats who serve as Heads of Mission at the pleasure of the President of the day on a contractual basis.”
In practice, the Ministry argued, such Heads of Mission would normally submit their resignations when that administration demits office.
It was noted that following the results of the General Elections in October 1992, the PPP/C administration terminated the services not only of non-career ambassadors and High Commissioners but also of the career diplomats.
“The only exception was Ambassador Samuel Rudolph Insanally, who was serving at the time as the Permanent Representative of Guyana to the United Nations.”
Fast forward to May 2015, only two career diplomats headed Guyana’s missions.
“Consequent upon the results of the May 11, 2015 elections, the services of all political/non-career officers would have come to an end anyway. Of these political appointees, only Ambassador Bayney Karran, who heads Guyana’s Embassy in Washington, DC and is also Guyana’s Permanent Representative to the Organisation of American States, submitted a letter of resignation,” the statement said.
Karran in submitting his resignation indicated his availability and willingness to serve the new administration if so desired.
The Ministry pointed out that on the other hand, notwithstanding the protocol of resignation, Nawbatt and the other political officers submitted no letters of resignation or expression of willingness to serve.
“His contract, like those of the other non-career officers can be said to have been thereby frustrated. It is remarkable, therefore, although not surprising given the effrontery of some of those officers that Mr. H. Nawbatt could claim to have been, since May 11, 2015, in a position to give and receive instructions and to discharge duties as a diplomatic representative of Guyana.”
The Ministry noted that there is no record of the Ministry of Foreign Affairs having any involvement in the settlement of the terms of the contract to which Nawbatt has made reference. As a matter of fact, “The contract on which he is basing his appeal was signed a mere few weeks before the 2015 elections. He and the other persons signing such contracts would have been aware of the risks involved in signing so close to national elections, a document linked to the provision of service to a President and administration whose tenure was the subject of the very elections.”
Rather, it would have been acceptable that the contracts ought to have been extended to May 11, or May 12, or end of May as agreed by the Inter-Party Transition Committee, a body comprising representatives of the coalition and the PPP/C that was established last year to see the new Government in.
The Ministry also claimed, yesterday, that it is unaware of when Nawbatt would have left his post in Canada.
Nawbatt in his lawsuit is asking in excess of $25M for breach of contract of employment and more than $24M in special damages.
Nawbatt was written to June 8, 2015, by Audrey Waddell, Director General (Ag), Ministry of Foreign Affairs, terminating his employment.
“I have been directed to inform you that your appointment as High Commissioner of Guyana to Canada will end on August 31, 2015 at which time you will be reposted to Guyana. Accordingly you are hereby asked to finalize all the necessary arrangements relating to the conclusion of your post and departure. Please note that all benefits accruable at post will end on August 31, 2015,” the letter to Nawbatt said.
Nawbatt’s contract made on February 9, 2015, was effective from February 10, 2015 to February 9, 2016, inclusive of a monthly salary of $773,801 and additional station allowance of US$4,500.
He was reported in the media as actively campaigning in the hinterlands for the PPP/C.
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