Guyana Govt taken to court over wrongful termination of project manager’s contract

Attorney General Basil Williams

After giving up work that paid over US$100,000 annually to return to Guyana and give back to his homeland through his expertise, a project manager is fighting back against what he calls the wrongful termination of his contract by the Government of Guyana.
Rudolph Small, who is taking the Government to court to claim millions in lost salaries and benefits, contended that he was contracted by the Public Health Ministry as the Director of Projects within the Ministry on January 31, 2017.
Small has a Master’s of Science in Environmental Health, Degrees in Biology and Nursing and Post-Graduate Diplomas in Legal Nursing Consultancy and Project Management. As of 2016, he was working with the US Immigration and Customs Enforcement (ICE) as a Field Medical Coordinator and earning US$131,000 a year (G$27.4 million).
According to his statement of claim, which was filed by his lawyer, former Attorney General Anil Nandlall, he was informed by his acquaintance, Finance Minister Winston Jordan, of the need for someone to administer an Inter-American Development Bank (IDB) project worth G$1.6 billion in funding for maternal and child health improvements to Guyana’s hospitals.
Having been informed in 2016, Small stated in his claim that he began discussions with authorities in Guyana and was interviewed by an IDB panel and offered the position, which he took at the expense of his job in the US. According to Small, his position as Director of Projects came with a monthly salary of US$5,000 (G$1 Million).
“In addition to the IDB project, Small’s help was requested in other areas. According to the claim, Small “was invited to the Office of the Minister of Health in January, 2017, and was requested to help the Ministry of Health to prepare a project document for a proposed mental health complex, that was being put up for funding by the Islamic Development Bank. The Ministry of Public Health was behind with its submission and required the Claimant’s expertise to expedite the process”.
The claim goes on to state that, “the Claimant was also requested to assist with the health project slated for funding by the Indian Government, as well as, the Islamic Development Bank Project. Given ever expanding work assignments, the Permanent Secretary of the Ministry of Public Health, Mr Trevor Thomas, Executive Director of the Health Sector Development Unit (HSDU), Dr Morris Edwards and the Claimant, commenced meeting to formulate a new structure for the HSDU. Consequently, the Claimant was assigned as the Director of Projects. The Claimant’s contract was negotiated with Minister George Norton after approval and concurrence was received from Minister Volda Lawrence”.
Downhill
According to the claim, things started going downhill for Small with the dismissal of PS Thomas in March 2017. Thomas was dismissed after a Commission of Inquiry (CoI) into procurement at the Public Health Ministry.
Small contended that he was assured after Thomas’ dismissal that he would keep his job. That assurance, according to the claim, came from the new PS Collette Abrams. But suddenly, he was informed he could no longer be paid since Thomas did not have the authority to issue the contract.
“By a letter dated 7th of June, 2017, Ms. Collette Adams, Permanent Secretary of the Ministry of Public Health, wrongfully and in repudiatory breach of the said agreement, purported to terminate the Claimant’s employment and wrongfully dismissed the Claimant,” the claim stated.
In the letter, Small is also reminded that he has to refund payments made for the rental of a building. According to the letter, he is yet to honour this request. The letter also stated that recommendations were received from the Department of Public Service.
According to Small, he suffered total damages of US$208,500 (G$41.8 million). He noted that had he stayed with his job in the US instead of returning to Guyana to work for the Government, he would have been paid US$125,760 for 2017 and 2018 and US$139,620 for this year.
Small is claiming damages in excess of G$25 million for breach of contract, special damages of US$208,500, aggravated damages, interests and costs. Attorney General Basil Williams has been named as the defendant.

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