Ex-NP CEO wrongfully dismissed

His contract was terminated on April 15, 2011 after NP claimed (as its reason for firing him) that credit was extended to one of the company’s former gas station dealers without appropriate approvals. NP also claimed the Board had lost confidence in Callender.

In their ruling yesterday, Justices of Appeal Allan Mendonca, Prakash Moosai and Andre des Vignes set aside a previous ruling of Justice Carol Gobin who in 2013 dismissed Callender’s wrongful dismissal lawsuit.

The three found that Callender was wrongly dismissed by NP and is now entitled to three months’ salary in lieu of notice.

In his wrongful dismissal and breach of contract claim, Callender sought damages and special damages in excess of $1.7 million.

He claimed NP breached the contract of employment by its own conduct toward him, which was calculated to destroy the relationship of trust and confidence between the himself and the company.

NP contended that under Callender’s watch as CEO, Trebro managed to rack up a debt of $1.6 million despite all in-built checks on the digital system, despite all processes and rules under the policy to secure and protect the Company from harmful credit exposure. In their ruling, the judges disagreed with all of Justice Gobin’s finding except for the facta relating to the variation of Callender’s contract of employment which he sought months before the 2010 general election.

They also held that Callender’s role in the implementation of the Board’s decisions should not have been construed as a repudiation of his contract of employment but as a demonstration of his effort to ensure that the board’s decisions as it related to Trebro were complied with.

“We think the judge was plainly wrong to find otherwise,” the appellate judges said. Callender was represented by attorneys Douglas Mendes, SC; Elton Prescott, SC; and Shelly Ann Daniel while attorneys Seenath Jairam, SC; Kelvin Ramkissoon and Shobha Persad represented NP.