| MYDOMINICA |
RECENT EVENTS
March 26th.....Three young men
escaped unhurt.....Canefield Cliffs
escaped unhurt.....Canefield Cliffs
April 14th....Three close friends did not
reach home.
Outside Canefield Airport.
reach home.
Outside Canefield Airport.
A DAMNING JUDGEMENT.......You decide !!!
"I regard this as indicative of the control Mr. Lawrence had over the Board. It is
therefore not unreasonable to conclude that the Chairman presided over a very weak
Board of Directors that did not challenge his ethics or behaviour."
Justice Hunte
Julius Corbett (R) and Marcel Commodore after the judgement.
High Court Judge, Lewis Hunte has delivered what many persons say is "a damning
judgment" against the National Bank of Dominica (NBD), its then Board Chairman
Milton Lawrence and then Finance Minister Ambrose George, regarding the May 2001
dismissal of then General Manager of the bank, Julius Corbett.
Corbett was given his marching orders by Minister George who stated among other
things, "inefficiency" as his reasons for termination.
On assuming the position of Chairman of the NBD after the January 2000 general
elections, Lawrence developed a hostile attitude towards General Manager Corbett
resulting in frequent clashes and Corbett seeking an audience with Minister George
about the situation.
The Minister, in his evidence under cross examination, conceded that the General
Manager had complained to him about the problems he was having with the Chairman.
He admitted that he dismissed those complaints out -of-hand and said he treated them
in that manner because they were not made in writing. He admitted, on the other hand,
that he accepted what he was told about the Claimant (Julius Corbett) whether or not it
was in writing.
Justice Hunte said that after considering the evidence of the Minister and his
demeanour when he gave evidence, he concluded that he had no intention of giving
favourable consideration to any complaint made to him by the General Manager.
The issue of a loan, obtained by Leader Corporation in the absence of the Manager and
of which Chairman Lawrence had a direct interest, and the manner in which it was
secured became of concern to the Manager. The evidence is that sometime around
March 2000, Leader Corporation obtained a loan facility of $450,000.00 from the
bank. The GM, Corbett went to Boston in April 2000 and on his return, the loan
had grown to almost $1,000,000.00 with more than half of it unsecured. Corbett
then carried out enquires as to how the increase came about and these led to Chairman
Milton Lawrence.
In examining the issue of Leader Corporation, Justice Hunte said he did not accept
Chairman Lawrence's evidence with respect to the issue. "I do not believe that he
was frank with the Court. I find it hard to understand how a matter as serious as an
unsecured overdraft of $500,000.00 could be brushed aside by the Board of Directors.
"It is my view that Chairman Lawrence authorized the overdraft during the
absence of the General Manager and that the Board, when it was brought to
their attention, did absolutely nothing about it except to make a feeble attempt
to blame the officers of the Bank rather than order a full scale inquiry. I regard
this as indicative of the control Mr. Lawrence had over the Board. It is therefore
not unreasonable to conclude that the Chairman presided over a weak Board of
Directors that did not challenge his ethics or behaviour," Justice Hunte said.
According to the Judge, it must have been most difficult for the General Manager to
function in that environment created by the Chairman and his new Board. "It is my view;
it was due to his efficient management of the bank's affairs that the bank realized its
highest profit ever, namely $10.5 million in 2001, the year he was dismissed. This could
never have been possible if the General Manager was as inefficient and recalcitrant as
Mr. Lawrence and his Board would want this Court to believe," he stated.
He stated further, that he found it unfortunate that the Chairman, in his attempt to
show that the General Manager was inefficient, should try to belittle his efforts
on behalf of the bank and claim the profits were less than the $10.5 million as
shown in the consolidated statement which the very Chairman and his Board
approved. "In my judgment, for the Claimant to merit dismissal, would have to be so
inefficient his failure to carry out instructions would have to be such, as to amount to a
repudiation of his contract employment," the Judge said.
While concluding that Claimant in the instant case may have lost his temper, Justice
Hunte said he certainly did nothing that could be termed a repudiation of his contract.
"He remained faithful to his task and even in the fact hostility he was able to perform his
duty so well that he ensured the bank recorded its highest ever profit. This is not the
work of inefficient employee or of some, whose behaviour constitutes a repudiation of
his contract of employment.
The Judge explained that there was nothing in his view to merit dismissal. "In the
circumstances, I find that the dismissal of the Claimant was wrongful and amounted to a
breach of contract. As far as the first and second Defendants are concerned, I find them
jointly and severally liable. I therefore award judgment to the Claimant against the first
and second Defendants with damages to be assessed by a Judge or Master. The
Claimant is to have his costs in the prescribed scale based on the quantum of damages
after assessment," he said.
Commenting after the judgment was delivered, Corbett said the Lord God has
seasoned the Courts decision with his mercy and that God is good all the time. "I feel
vindicated and can now move on with the rest of my life. During the last five years, it has
been difficult for me, but I felt I should continue fighting the good fight," he said.
His long time friend and lawyer, Marcel Commodore regards the judgment as a good
day for workers all over Dominica.
"This judgment will send a message that in a democratic system, workers are not
abused because the persons doing the abuse will have to answer for it at some point in
time. We always knew that what they did could stand scrutiny and it did not have to be
before a Judge. Anybody with basic common sense would see that what was
happening was not right. This is only part of what fuelled me and the team I put
together to get this man's name back for him," Commodore stated.
His junior colleague, Hazel Johnson said the decision was a reasoned one and it is
obvious by the length of the decision and the time the Judge took that he considered all
the evidence in the case and she was very happy with the outcome. "My only reservation
is that he did not go on to give a quantum in terms of damages but this should not be of
any serious hindrance to us. We hope that that decision, will serve as a guide to
persons who sit and chair boards and other employers generally in teams of how they
deal with employees. Fairness, at the end of the day should be one of the guiding
principles of those persons," Johnson concluded.
"I regard this as indicative of the control Mr. Lawrence had over the Board. It is
therefore not unreasonable to conclude that the Chairman presided over a very weak
Board of Directors that did not challenge his ethics or behaviour."
Justice Hunte
Julius Corbett (R) and Marcel Commodore after the judgement.
High Court Judge, Lewis Hunte has delivered what many persons say is "a damning
judgment" against the National Bank of Dominica (NBD), its then Board Chairman
Milton Lawrence and then Finance Minister Ambrose George, regarding the May 2001
dismissal of then General Manager of the bank, Julius Corbett.
Corbett was given his marching orders by Minister George who stated among other
things, "inefficiency" as his reasons for termination.
On assuming the position of Chairman of the NBD after the January 2000 general
elections, Lawrence developed a hostile attitude towards General Manager Corbett
resulting in frequent clashes and Corbett seeking an audience with Minister George
about the situation.
The Minister, in his evidence under cross examination, conceded that the General
Manager had complained to him about the problems he was having with the Chairman.
He admitted that he dismissed those complaints out -of-hand and said he treated them
in that manner because they were not made in writing. He admitted, on the other hand,
that he accepted what he was told about the Claimant (Julius Corbett) whether or not it
was in writing.
Justice Hunte said that after considering the evidence of the Minister and his
demeanour when he gave evidence, he concluded that he had no intention of giving
favourable consideration to any complaint made to him by the General Manager.
The issue of a loan, obtained by Leader Corporation in the absence of the Manager and
of which Chairman Lawrence had a direct interest, and the manner in which it was
secured became of concern to the Manager. The evidence is that sometime around
March 2000, Leader Corporation obtained a loan facility of $450,000.00 from the
bank. The GM, Corbett went to Boston in April 2000 and on his return, the loan
had grown to almost $1,000,000.00 with more than half of it unsecured. Corbett
then carried out enquires as to how the increase came about and these led to Chairman
Milton Lawrence.
In examining the issue of Leader Corporation, Justice Hunte said he did not accept
Chairman Lawrence's evidence with respect to the issue. "I do not believe that he
was frank with the Court. I find it hard to understand how a matter as serious as an
unsecured overdraft of $500,000.00 could be brushed aside by the Board of Directors.
"It is my view that Chairman Lawrence authorized the overdraft during the
absence of the General Manager and that the Board, when it was brought to
their attention, did absolutely nothing about it except to make a feeble attempt
to blame the officers of the Bank rather than order a full scale inquiry. I regard
this as indicative of the control Mr. Lawrence had over the Board. It is therefore
not unreasonable to conclude that the Chairman presided over a weak Board of
Directors that did not challenge his ethics or behaviour," Justice Hunte said.
According to the Judge, it must have been most difficult for the General Manager to
function in that environment created by the Chairman and his new Board. "It is my view;
it was due to his efficient management of the bank's affairs that the bank realized its
highest profit ever, namely $10.5 million in 2001, the year he was dismissed. This could
never have been possible if the General Manager was as inefficient and recalcitrant as
Mr. Lawrence and his Board would want this Court to believe," he stated.
He stated further, that he found it unfortunate that the Chairman, in his attempt to
show that the General Manager was inefficient, should try to belittle his efforts
on behalf of the bank and claim the profits were less than the $10.5 million as
shown in the consolidated statement which the very Chairman and his Board
approved. "In my judgment, for the Claimant to merit dismissal, would have to be so
inefficient his failure to carry out instructions would have to be such, as to amount to a
repudiation of his contract employment," the Judge said.
While concluding that Claimant in the instant case may have lost his temper, Justice
Hunte said he certainly did nothing that could be termed a repudiation of his contract.
"He remained faithful to his task and even in the fact hostility he was able to perform his
duty so well that he ensured the bank recorded its highest ever profit. This is not the
work of inefficient employee or of some, whose behaviour constitutes a repudiation of
his contract of employment.
The Judge explained that there was nothing in his view to merit dismissal. "In the
circumstances, I find that the dismissal of the Claimant was wrongful and amounted to a
breach of contract. As far as the first and second Defendants are concerned, I find them
jointly and severally liable. I therefore award judgment to the Claimant against the first
and second Defendants with damages to be assessed by a Judge or Master. The
Claimant is to have his costs in the prescribed scale based on the quantum of damages
after assessment," he said.
Commenting after the judgment was delivered, Corbett said the Lord God has
seasoned the Courts decision with his mercy and that God is good all the time. "I feel
vindicated and can now move on with the rest of my life. During the last five years, it has
been difficult for me, but I felt I should continue fighting the good fight," he said.
His long time friend and lawyer, Marcel Commodore regards the judgment as a good
day for workers all over Dominica.
"This judgment will send a message that in a democratic system, workers are not
abused because the persons doing the abuse will have to answer for it at some point in
time. We always knew that what they did could stand scrutiny and it did not have to be
before a Judge. Anybody with basic common sense would see that what was
happening was not right. This is only part of what fuelled me and the team I put
together to get this man's name back for him," Commodore stated.
His junior colleague, Hazel Johnson said the decision was a reasoned one and it is
obvious by the length of the decision and the time the Judge took that he considered all
the evidence in the case and she was very happy with the outcome. "My only reservation
is that he did not go on to give a quantum in terms of damages but this should not be of
any serious hindrance to us. We hope that that decision, will serve as a guide to
persons who sit and chair boards and other employers generally in teams of how they
deal with employees. Fairness, at the end of the day should be one of the guiding
principles of those persons," Johnson concluded.
The Leader Company Ltd.
The article, written by Carlisle Jno.Baptiste,
first appeared in The Chronicle.
Red lettering, bold type and building added
by webmaster.
first appeared in The Chronicle.
Red lettering, bold type and building added
by webmaster.
Sunday 23 April...Roseau Cathedral
Archbishop Kelvin E Felix
Celebrating 50 years of Priesthood
Celebrating 50 years of Priesthood
Archbishop Kelvin Edward Felix was born in Roseau, Dominica on February 15, 1933 and
received his primary and secondary school education at the Roseau Boy's School and the
Dominica Grammar School respectively.
Subsequently, he studied Philosophy (1951-1952) and Theology (1953-56) at the Seminary
of St. John Vianney and Uganda Martyrs in Trinidad and was ordained into the priesthood in
1956. He then came home and was Associate Pastor at the Roseau Cathedral (1956) and
Goodwill (1957-61). He was also Acting Pastor at Sandy Point in St. Kitts from 1961-1962.
Archbishop Felix then migrated to Trinidad where he lectured in Sociology and Pastoral
Theology at the St. John Vianney Seminary from 1970-1972 and was also a tutor in
Sociology at the University of the West Indies for a short time.
From 1972-1975, he was Principal of the St. Mary's Academy and was ordained Archbishop
of Castries on October 5, 1981. Additionally, he has served as President of the Caribbean
Council of Churches and President and Vice-President of the Antilles Episcopal Conference.
Archbishop Felix also holds the Order of the British Empire bestowed by Her Majesty Queen
Elizabeth II, The Dominica Award of Honour and the Gold Medal of Honour of St. Lucia.
received his primary and secondary school education at the Roseau Boy's School and the
Dominica Grammar School respectively.
Subsequently, he studied Philosophy (1951-1952) and Theology (1953-56) at the Seminary
of St. John Vianney and Uganda Martyrs in Trinidad and was ordained into the priesthood in
1956. He then came home and was Associate Pastor at the Roseau Cathedral (1956) and
Goodwill (1957-61). He was also Acting Pastor at Sandy Point in St. Kitts from 1961-1962.
Archbishop Felix then migrated to Trinidad where he lectured in Sociology and Pastoral
Theology at the St. John Vianney Seminary from 1970-1972 and was also a tutor in
Sociology at the University of the West Indies for a short time.
From 1972-1975, he was Principal of the St. Mary's Academy and was ordained Archbishop
of Castries on October 5, 1981. Additionally, he has served as President of the Caribbean
Council of Churches and President and Vice-President of the Antilles Episcopal Conference.
Archbishop Felix also holds the Order of the British Empire bestowed by Her Majesty Queen
Elizabeth II, The Dominica Award of Honour and the Gold Medal of Honour of St. Lucia.
29\4\06....Basketball at Lindo Park
Goodwill
Goodwill
30\4\06...OECS youth steel band
competition at Botanic Gardens
competition at Botanic Gardens
Antigua...1st place
Dominica's band members
St Vincent
Grenada
St Kitts
Chairman....Milton Lawrence
2nd place Dominica
Hundreds enjoyed the music