Claim that dismissal was based on race, fails. Yasin’s action against Guyana Lottery Company dismissed


JUSTICE Roxanne George yesterday handed down a judgment stating that the claim for damages by Mohamed Fazloor Yasin against the Guyana Lottery Company Ltd., for allegedly dismissing him on the basis of race, among other things, was misconceived and without merit.

The claim was dismissed with $75,000 costs to the defendant.

The plaintiff, a former sales representative with the company, says in his statement of claim that “he was wrongfully and unfairly dismissed on the basis of his race and because of complaints of racial and ethnic discrimination which he made against the defendant to the Ethnic Relations Commission and the press, contrary to and in breach of section 8 of the Temination of Employment and Severance Pay Act, No. 19 odf 1997”

He therefore claimed damages for wrongful dismissal, damages for breach of contract , damages for breach of statutory duty , interest and other just and reasonable reliefs and costs.

The plaintiff was represented by Attorney-at-law Mr. Anil Nandlall while the defendant was represented by Mr. Edward Luckhoo, S.C.

The defendant denies the plaintiff’s claim and contends that apart from duties specifically outlined in the agreement of employment dated April 4, 1997, there was an implied duty that the plaintiff, as manager, would keep company matters confidential and would act in the interest of the company at all times .

The defendant contended that in breach of this duty, the plaintiff disclosed information relating to the defendant in the public domain by the publication of letters in the newspapers. The defendant therefore contended that the plaintiff’s conduct amounted to serious misconduct within the meaning of Termination of Employment and Severance Pay Act No. 19 of 1997,warranting summary dismissal.

Continuing her judgment, the judge said that the defendant also contended that despite its view that the plaintiff should have been summarily dismissed, by letter dated January 17, 2006, pursuant to the provisions of his terms of employment, and in compliance with the TESPA, the defendant gave the plaintiff three months pay in lieu of notice, severance benefits and entitlements totaling $1,403,666 which he accepted.

Among other things, Justice George, in her judgment, had said, ”An assessment of the evidenced led in this case leads me to the inescapable conclusion that the plaintiff’s case is without merit.

There is absolutely no evidence that the cause of dismissal was because of racial discrimination or because of the plaintiff’s report to the ERC about racial discrimination at the defendant company.

The judge added, “Í must also mention that much of the submissions made by Mr. Nandlall had no evidential basis and therefore could not be considered in a determination of the issues in this case.

The plaintiff’s claim is therefore dismissed as being totally misconceived with costs to the defendant in the sum of $75, 000.