Ex Rose Hall factory manager suing GuySuCo for ‘wrongful dismissal’

Former Factory Manager of the Rose Hall Sugar Estate Deodat Singh has sued the Guyana Sugar Corporation Limited for allegedly wrongfully dismissing him and for breaching his employment contract.

Singh was dismissed in May because of the alleged falsification of work records and losses suffered by the company.

In a writ filed yesterday he is asking for damages in excess of $1M for unfair and/or wrongful dismissal or alternatively damages in excess of $1M for breach of contract and an injunction restraining GuySuCo whether by themselves, their servants and/or agents from entering upon, remaining or interfering with his peaceful and quiet enjoyment and occupation of property located at Number 16 House, Rose Hall Estate Compound, East Canje, Berbice.

In his statement of claim, the 44-year-old Singh, who says he has been left unemployed and unable to provide for his family, deposed that he was first employed as a temporary member of staff holding the position of Junior Book Keeper.

On February 1, 1991 he was appointed a permanent member of staff as a Laboratory Technician and then worked continuously over the 25 years “as a dedicated member of staff”.

The document said that over the years, Singh was appointed to various posts, including Chemist Shift Manager (Blairmont Estate), Production Manager (Rose Hall Estate), Estate Manager (Ag.)(Rose Hall Estate) among others.

During his years with the sugar company he earned professional qualifications and training sponsored by GuySuCo including a Bachelor of Science Degree in Chemistry (Distinction), University of Guyana; Certificate in Cane Sugar Refinery, Nicholls State University, USA; Certificate in Raw Cane Sugar Manufactur-ing- Nicholls State University, USA; Training at Komati Sugar Mill, South Africa; Ethanol Conference, Brazil; Execu-tive Management, Arthur Lok Jack School of Business, University of the West Indies; Leadership Development Programme, Arthur Lok Jack School of Business, University of the West Indies and a Basic Food Hygiene Course.

It was stated that on January 1, 2011 he was appointed Factory Manager for Rose Hall Estate. Such a position afforded him certain benefits which were a gross monthly salary of $497,000; five weeks annual leave with pay; annual leave passage assistance of $523,000; housing, including all utilities paid for by the GuySuCo; gas allowance of $4,000 per month for motor vehicle; corporation pension scheme; corporation medical scheme; cell phone allowance of $5,000 per month; linen allowance of $30,000 every five (5) years; vehicle and driver; performance based incentive, once per year and use of the school bus for children.

The legal document said that as Factory Manager, his duties included supervising the Production Manager and liaising with the Finance Manager.

However by a way of a letter dated the 6th day of May, 2016, GuySuCo “wrongfully determined the contract and dismissed the Plaintiff without notice”.

According to the letter the basis for the dismissal was that Singh was guilty of serious misconduct, that is, “negligence resulting in losses to the Defendant as incorrect data and liquid stock were used to determine the amount of sugar produced and/or estimated on a daily basis” and that he was guilty of the “falsification/manipulation of work records as incorrect sampling of molasses were repeatedly done’.

The statement of claim said that it is the duty of the Head Laboratory Technician to take liquid stock and then report his findings to the Production Manager who is tasked to make a sugar declaration.

“In this regard, it is the Plaintiff’s duty, inter alia, to ensure that the Production Manager declares sugar volume in a timely manner. The accuracy of any declaration made by the Production Manager is normally verified by an audit and not by the Plaintiff in his capacity as Factory Manager or at all”, it said.

It was stated that prior to this incident, Singh did not have any work-related and/or disciplinary issues during his employment with the Defendant and is ready, able and willing to resume his duties.

Given his sudden dismissal he has not been paid any severance or other benefits to which he is entitled at law.

“The Plaintiff is married with two (2) children. The Plaintiff is currently unemployed and finding it difficult to provide for his family who are dependent on him”, the document stated.

Singh is being represented by a legal team headed by former Attorney General Anil Nandlall.