Fired Airport managers seek judicial review

TWO former managers of the Airports Authority (AA) were yesterday granted leave to file for judicial review of the decision of the Authority to fire them. Joshey Mahabir and Ishwar Jadoonanan were dismissed from the Airports Authority by letter dated September 26, 2003. The former managers filed their case last Christmas Eve, but it was only yesterday that their ex-parte application was heard before Madame Justice Amrika Tewarie-Reddy in the Port-of-Spain Third Civil Court. Ramesh Lawrence Maharaj SC, Rikki Harnanan and Darrell Allahar appeared for the two dismissed managers. After hearing submissions from Maharaj, Justice Tewarie-Reddy granted leave for Mahabir and Jadoonanan to file for judicial review of the decision of the Authority to dismiss them.

Mahabir was first employed by the Authority in July 1989. He was appointed to act as manager finance and administration on December 15, 1999, with his last posting being acting general manager. Jadoonanan was first employed by the Authority in 1982 and later appointed to act as manager, human resources. According to the affidavit, Jadoonanan by memo dated December 6, 2000 requested from the chairman of the Authority that all executive managers be paid in lieu of their accumulated vacation leave for the year 2000. This request was approved by the chairman for and on behalf of the Board of the Authority. The following day, Mahabir, as manager of finance, requested Jadoonanan to pay the salary and wages (including accumulated leave) to all executive managers of the Authority.

Both Mahabir and Jadoonanan said that after a new Board was appointed by the PNM Government in April 2002, they found themselves facing a barrage of requests from Board members in relation to actions of the UNC-appointed Board. By letter dated July 25, 2002, the Board through its chairman wrote to Mahabir requesting an explanation of certain matters alleged to have occurred while he held his position with the Authority. By another letter dated July 26, 2002, the Board through the chairman wrote to Mahabir and claimed that notwithstanding the fact that the Board had given approval for an ex-gratia payment to the managers, the actual sums paid to the managers were in excess of the respective approved sums. After the exchange of certain letters, Mahabir and Jadoonanan felt that the relationship between themselves and the Board had become strained.

They submitted a letter dated August 7, 2002 proposing a separation package for the Board’s consideration. Mahabir and Jadoonanan believe that the Board felt that they wanted to leave the Authority, so with the assistance of a security officer, they were ordered to remove their personal items and vacate their offices immediately. There was an exchange of correspondence between the applicants and the Board until they received letters dated July 23, 2003 captioned “Allegations of gross misconduct etc against you.” They were called upon to answer a list of allegations. By letter dated September 26, 2003, Mahabir was informed that six of the eight allegations made against him were made out and that the Authority had lost all confidence in him as an employee. Another letter was sent to Jadoonanan stating that five of the allegations were made out against him. Their services were then terminated. Further to their dismissal letters, Mahabir and Jadoonanan were informed that monies due to him were used to set off their respective debts accumulated because of the alleged wrongful payments to them.