A former consultant is suing government for in excess of $25 million for breach of contract after he says he took up an offer to direct the Ministry of Health’s mental health and maternal and child-health improvement programmes for just US$5,000 a month, giving up a better paying job in the United States, only to be told that the work agreement was invalidated.
In his action, Rudolph Richard Small complains of government invalidating the contract, saying he never had the job in the first place, for which he is seeking special damages to the tune of US$208,500.
Additionally, he is claiming aggravated damages, interest, court costs and any further orders which the High Court may deem just to grant.
Small, in his statement of claim, which was seen by this newspaper, said that in 2016 he was working with the US Immigration and Customs Enforcement (ICE) through a secondment from the US Public Health Service and had attained the rank of Lieutenant Commander.
He said he served as the Field Medical Coordinator for New York City, with responsibility for the provision of quality medical and ancillary services to all detainees in the custody of ICE.
He said his remuneration package at that time was US$131,095.56, with his basic pay being US$71,604.00, basic allowance for housing being US$56,448.00 and his basic allowance for subsistence amounting to US$3,043.56
Small said that in that very year, he was informed by Minister of Finance Winston Jordan, with whom he had long before been acquainted, that there was an available post within the Ministry of Health specifically geared towards impacting the well-being of Guyanese women and children.
According to Small, Jordan informed him that GY$1.6 billion had been earmarked by the Inter-American Development Bank (IDB) for funding of a maternal and child-health improvement programme, which Guyana was in jeopardy of losing.
He said Jordan told him that once he was interested, the Guyana government would nominate him to the IDB as a person suitable to administer the project. Small said he made his interest known because he wanted to make a contribution to the land of his birth.
Small said he subsequently received a call from the IDB informing him that he was nominated by the government of Guyana to serve as Consultant/Project Coordinator for the project and following an interview by an IDB panel, he was offered the consultancy.
The claimant said the then Permanent Secretary of the Ministry of Health, Trevor Thomas, informed him that Jordan, was urging him to expedite the addendum terms and conditions to the to the IDB Contract.
Small said he, however, informed Thomas that he would be unable to depart the US to Guyana for a six-month assignment and Thomas assured him that the project was for a five-year duration, and that he, (Small) would be given a Government of Guyana contract to serve as the Project Director, for the duration of the project, since the IDB had already approved candidacy as Project Coordinator/Consultant.
Small said that he and Minister of Public Health Volda Lawrence then negotiated an addendum to the contract, noting that after the addendum to the IDB Contract was agreed upon, he began visiting Guyana, using paid time-off from his job in the US, from October, 2016, to January, 2017.
He said he was invited to Lawrence’s office in January, 2017 and was requested to help the Ministry of Health prepare a project document for a proposed mental health complex that was being put up for funding by the Islamic Development Bank.
The Health Ministry, he said, was behind with its submission and thus required his expertise to expedite the process. He added that he was also requested to assist with the health project slated for funding by the Indian Government, as well as, the Islamic Development Bank Project.
According to Small, given the ever-expanding work assignments, he, Thomas, and Executive Director of the Health Sector Development Unit (HSDU), Dr. Morris Edwards, commenced meeting to formulate a new structure for the HSDU, for which he was consequently assigned director of projects.
Small said that by this time his contract was negotiated with former Health Minister George Norton after approval from Lawrence.
Following these transactions, Small detailed in his statement of claim that on January 31st, 2017, a written contract was executed between himself and government, specifying that he had been engaged to perform the duties and functions of director of projects within the health ministry, and to act in all respects in accordance with the instructions and directions given by the Permanent Secretary—Thomas.
His employment was effective from 1st February, 2017 to 31st January, 2020, inclusive at a monthly salary of US$5,000 “subject to certain terms and conditions set out in a schedule attached to the said agreement and which formed part of the said agreement.”
Small complained that in lieu of his new contract, Minister Lawrence ceased paying allowances stipulated in the addendum to the IDB contract, since it was subsumed in his new contract.
Noting that Thomas had been dismissed, the claimant said the new Permanent Secretary, Collette Adams, advised him to continue working, as his contract was still valid. Thereafter, however, he said he was informed that he could no longer be paid since Thomas had no authority to issue the contract.
Small is, however, contending that at all material times, his contract was approved by both Norton and Lawrence and had been signed by Thomas, who at the time was duly authorised to do so.
He is contending that by letter dated 7th June, 2017, Adams “wrongfully and in repudiatory breach of the said agreement, purported to terminate” his employment and wrongfully dismissed him.
According to a document attached to the legal files seen by this newspaper, which Small said was the letter sent by Adams, based on a review that was undertaken, it was confirmed that no approval existed for his employment as director of projects.
“The Ministry’s review also confirmed that since no approval existed the payment of emoluments and the processing of any other condition of service therein, has become recoverable,” the document went on to state.
According to the document, advice was sought from the Ministry of the Presidency and it was recommended that the employment contract which Small signed on 31st January, 2017, and supplemental agreement executed as an addendum to the Consultancy Services for Maternal and Child Health Improvement Project be null and void for “want of competent authority.”
Contained in that letter was reference to a March 10th 2017 follow-up appeal, calling for Small to repay payments that were made for the rental of a building.
The June 7th letter concluded by stating that based on the recommendation from the Department of Public Service, which indicated that there was no authorised position such as Director of Projects, and since no approval was granted for the employment of such a position, the Ministry wished to advise Small that the contract on his position was therefore null and void.
Small said that the move by the Ministry has caused him to suffer loss in salary and allowances to the tune of US$208,500 for the period 1st February, 2017 to 31st January, 2020.
Small argues that had he remained in his employment in the United States, which he forfeited for the offer to work in Guyana, his remuneration for 2017, 2018 and 2019 combined would have been US$391,141.62.
He detailed that for 2017, his basic pay would have been US$73,108.80, basic allowance for housing would have been US$49, 608.00, and basic allowance for subsistence US$3,043.00, giving a total income of US$125,760.36.
For 2018, he said his total income would have mirrored that of 2017 in every respect while for 2019 it would have amounted to US$139,620.36 since his basic pay would have been US$ 77,356.80; basic allowance for housing US$59,220.00, while the basic allowance for subsistence would remain at US$3,043.00.
According to court documents seen by this newspaper, Small holds a BSc (Biology)—Morehouse College, Atlanta, Georgia; a Master’s of Science, Environmental Health—Hunter College, New York; a Post-Graduate Diploma, Project Management—University of Pittsburgh-Katz School of Business; a BSc (Nursing)—Dominican College, NY, and a Post-Graduate Diploma, Legal Nurse Consultant—American Association of Legal Nurse Consultants, Chicago.
Small is being represented by attorney Anil Nandlall.
His action is brought against the Attorney General, who is listed as the defendant.
