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APR 23 |
The dismissal "smacks of discrimination" |
OTHER
STORIES |
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It seems that there is no stopping senior civil servant Janice Celestine from taking legal action against the state-run Agency for Reconstruction and Development (ARD). Celestine is said to be upset with the manner in which she was booted out of the agency by its Chief Executive Officer, Richardson Andrews, a Special Advisor to Prime Minister Dr. Keith Mitchell. She had given the agency two weeks to rectify the situation, failing which she would be forced to take legal action. Informed sources told GRENADA TODAY that ARD has not responded to a letter sent to the agency on Celestine's behalf by the law firm of Ciboney Chamber which has been retained by the public officer. This newspaper was able to obtain a copy of the letter sent by the law firm to ARD outlining Celestine's position on the issue: March 14th, 2005 The Chairman Agency of Reconstruction and Development Ministerial Complex Botanical Gardens ST. GEORGE'S Dear Sir, Re: Summary dismissal of Ms. Janice Celestine We act on behalf of Ms. Janice Celestine of La Borie, St. George's Our client instructed us as follows: (1). By letter ("ARD letter") dated 21st December 2004 an offer was extended to her by the Agency for Reconstruction and Development (ARD) to accept the full-time position of Executive Assistant (of the Agency) on "a one-year contractual basis subject to renewal at the end of the contract". Under the proposed contract the salary was US$27, 600.00 per annum, including allowances. (2). Further, the said letter indicated that the "official contract will be issued once the terms and conditions are finalized and we receive confirmation of your acceptance of this offer". Your Agency proposed that she begin work on January 3rd, 2005. (3). By letter dated 28th December 2004 she acknowledged receipt of the ARD letter and accepted the offer to join the Agency "pending the formalisation of the terms and conditions" of her contract. She expressed doubt though about beginning duties on the proposed date (January 3rd) since the Public Service Commission (PSC) was required to officially approve her transfer to the Agency from the Consulate General of Grenada in New York, where she had been serving as Consul-General for approximately three (3) years, and prior to that as First Secretary at Grenada's Mission to the United Nations for five (5) years. (4). By further letter dated 28th December 2004 she wrote to the PSC, pursuant to the job offer from ARD, requesting secondment to the Agency from the Consulate General in New York. (5). By letter ("PSC letter") dated 6th January 2005 she was informed that the Public Services Commission (PSC) had released her, for a period of one (1) year with effect from 18th January 2005, to undertake the ARD assignment. (6). On 18th January, 2005 she commenced work with your Agency, at the time based at Unit 11, Steele's Building, Grand Anse. She performed a multiplicity of functions related to personnel, finance and general administration. She assisted the temporary Chairman with the preparation of position descriptions, draft contracts and draft Agency budgets. On request of the temporary Chairman, she also performed the duties of Office Manager given her training, expertise and experience. She worked closely with the USAID Consultant ( Financial Controller) to develop financial and administrative procedures for the Agency. (7). She received no complaints of dissatisfaction with her performance or conduct on the job or elsewhere. (8). On 8th February 2005, less than a month (21 days) after assuming duties at the Agency, she received a letter ("dismissal letter') from the Chief Executive Officer ( Richardson Andrews) of even date informing her, inter alia, that with effect from that very day ( Feb.8th) "the Agency will no longer require your services". No reasons for her dismissal were stated in the letter, which was copied to the Permanent Secretaries, Ministry of Foreign Affairs and International Trade and Ministry of Sports, Community Development and Cooperatives and to the Chairman of the Public Services Commission. (9). Shortly before finding the dismissal letter sitting on her desk, she was called into the office of the CEO, who told her, "you would not be comfortable in the Agency and therefore I have to terminate your services with immediate effect". No discussion was encouraged or entertained on the issue. (10). By letter dated 9th February 2005 she wrote to your Agency, inter alia, her work with the Agency, her dissatisfaction with the manner of her dismissal, and her complaint about the embarrassment, humiliation, inconvenience, loss and expense caused to her. (11). Her last job letter (Feb.9) was neither responded to nor acknowledged by your agency. The summary dismissal of our client, in all the circumstances, was unwarranted, unfair, unjust, contrary to the basic principles of natural justice and due process, smacks of discrimination and amounts to a breach of contract. Never before in her over 23 years as a public servant has she ever been treated with such scant disregard, discourtesy and disrespect by superior or otherwise. As a result of the foregoing, our client has suffered serious distress, inconvenience, loss and expense and intends to pursue her plentitude of legal and other rights to ensure that she receives due justice. Before taking any further step, however, we are hereby giving you an opportunity, on instructions from our client, to make a reasonable offer of compensation to her for the breach of contract and other losses suffered as a consequence of the unfair and unjust summary dismissal. We shall be pleased to receive your offer on or before Friday, March 25th, 2005 failing which our client will be forced to pursue her other legal options. We look forward to your positive response. Yours Sincerely, CIBONEY CHAMBERS Ruggles Ferguson |
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