– as multi-million-dollar legal claim dismissed
SACKED Managing Director of Courts (Guyana) Inc. Mr. David Burgess who had sued his employers for $7,787,000, representing the balance of $40,574,298 offered to him with no deductions, had his order dismissed yesterday.

Judge Rishi Persaud of the Commercial Court who heard the action which was filed since 2007, found that the deductions of $7,787, 180 was correctly paid to the Revenue Department as Income Tax on his earnings.

Burgess’ claim was dismissed and he was ordered to pay $100,000 costs to Courts (Guyana) Inc.

According to the Statement of claim, the Plaintiff is presently a businessman residing at Lot 2 Area ‘K’ Le Ressouvenir, East Coast Demerara.

The Defendants are a Company incorporated under the Laws of Guyana with registered office situated at 25-26 Main Street, Georgetown, Guyana.

By letter dated 27th October, 2005,the Plaintiff was informed by the Defendants company that his employment as Managing Director of the Defendants company was terminated, whereupon the Defendants company offered the Plaintiff the sum of G$40,574, 298, which sum of money was to represent final payment in respect of the Plaintiff’s separation from the defendants company.

According to the Plaintiff, he received the total amount of G$32,787,118 from the Defendants company.

He claimed that the Defendants company is indebted to him in the sum of G$7,787,180 being the balance due owing and payable by the Defendants company to the Plaintiff as payment in respect of final separation from the Defendants Company.

On the other hand, the Defendants Company is saying that with respect to paragraph 4 of the Statement of Claim, the deductions referred to therein were income tax deductions which the Defendants Company was obliged to make under the provisions of the Income Tax Act, Chapter 81:01.

With respect to paragraph 5 of the Statement of Claim, the sum of $32,787,118 was the sum received by the plaintiff after income tax deductions were made by the Defendant company in accordance with the law.

There is no balance of payment due. The Defendants company has fulfilled all its obligations toward the plaintiff.

At the hearing, Attorney-at-law, Mr. Keith Massiah represented the Defendants company while Mr. R.N. Poonai appeared for the Plaintiff.