Housing Development Corporation (HDC) managing director Jearlean John is proceeding with a lawsuit against the Government in light of its decision to send her on three months administrative leave while an independent audit into the State agency takes place.
On December 17, the newly-installed board of directors took a decision to send John, along with six managers, on administrative leave until March, 2016. But John challenged the decision saying it was unfair and illegal and threatened action.
Also sent on leave were HDC’s chief legal officer Indira Mc Farlane-Lee; corporate secretary Ann Mahabir; chief construction engineer Aaron Chadee; division manager (estate management) Amalee Carter; manager (settlements) Renatta Jones and manager (corporate communications external) Rory Moses.
Contacted yesterday, John said she would be filing action in the High Court tomorrow. Expressing confidence that she would obtain justice John said she also intended to file for an emergency hearing.
On December 23, John, through attorney Avery Sinanan, sent a 14 page pre-action protocol letter to HDC board chairman Newman George noting that the decision to send her on administrative leave was illegal and must be declared null and void. The company had 48 hours to respond to the letter.
Yesterday, John said in the response to the letter the HDC requested more time, which was not granted.
“I would have written to the chairman of the HDC then I would have sent them the pre-action protocol letter and gave them 48 hours to respond,” John said.
“They duly responded on Christmas eve seeking to have an extension until January 22. I responded to my attorneys on the same day telling them that I could not have assisted them in their request for the 22 of January, so I will be filing action against them and calling on them to reinstate me.”
On how she had been coping with the situation, especially during the Christmas holidays, John said she has always led a full life as she was always a “busy woman.”
“I continue to do what I have to do. In light of the injustice...If it was not such an unjust act, maybe I might have been depressed, or maybe I am, because to think that people could be so brazen in this country...to do what these folks feel what they could have done and get away with it...it really goes beyond the pale,” John said.
She said she also thanked God that there were independent institutions in T&T to which her matter could now be heard. In the letter, John also challenged the board to provide the date and time when the decision was taken to commission an audit and the reasons for it.
She is also seeking clarification on the manner in which that decision was made by the board and the documented recording of that decision. John is also asking that George clarify the date and time the decision was taken to send her on administrative leave and the basis for requesting all her electronic equipment.
Finally, John is demanding financial compensation on the grounds that the manner in which she was sent on leave was a breach of her contract.
After being sent on leave, John publicly called on Government to pass the whistle-blower law enabling her to be the first person to speak about $9 billion disappearing from the HDC during the period 2006-2009, when a previous People’s National Movement (PNM) administration was in charge.