Man fired from BAMSI may sue for $100,000

Tuesday, April 14, 2015

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

THE lawyer for a man terminated from the Bahamas Agriculture and Marine Science Institute allegedly for his political affiliation is seeking more than $100,000 in redress from the government.

Foulkes & Co, in a letter issued to Agriculture Minister V Alfred Gray and obtained by The Tribune yesterday, demanded the government pay $112, 000 in general damages and $23,930 in special damages for having terminated its client Micah Valdes, a Bahamian aquaculture technician, from the institute last month.

His lawyer Dion Foulkes said the firm has been instructed to issue a writ in the Supreme Court if Mr Valdes’ claim is not settled within 14 days.

Mr Valdes was one of two men reportedly terminated last month as the result of alleged political victimisation by the government.

His lawyer claims that he was “unceremoniously, unlawfully, unconstitutionally and without notice terminated by an unauthorised employee of BAMSI” two days after an FNM delegation was turned away from the institute by security officers who claimed the farm was closed.

As a result, Foulkes & Co is asking the government to pay a total of $135,930 in damages, coupled with $10,000 in legal fees.

“We have been instructed to claim general damages for breach of contract, unfair dismissal, wrongful dismissal, loss of opportunity and breach of our client’s fundamental human rights as are enshrined in the Bahamas’ Constitution, which protects the right of every Bahamian to voice his or her political opinions,” the letter said.

“We are also instructed to claim general damages for, and we hereby do claim, damages for stress, anxiety and depression which are now being experienced by Mr Valdes as a result of the said unlawful and unconstitutional termination of employment.”

The former BAMSI employee is also asking for damages for the six months remaining on his contract, relocation to Freeport costs, two weeks’ wages owed, vacation pay, psychological counselling fees, travel expenses, transportation costs and legal fees, according to the letter.

Last month, FNM Chairman Michael Pintard said the FNM would “mount an aggressive campaign” for the reinstatement of two men – Lenny McDonald, an irrigation specialist and staff supervisor, and Mr Valdes – to their respective positions at the institute.

Mr Pintard claimed that Mr McDonald and Mr Valdes were terminated on February 27 and March 3 respectively, the former allegedly without notice and in breach of his contract, and the latter also unceremoniously and without notice.

He said the men were victimized by the government because “they expressed concerns about the management of BAMSI and were perceived to be supporters of the FNM.”

The letter from Foulkes & Co claimed that on March 1, Mr Valdez, with another BAMSI officer was told by a co-worker that FNM Leader Dr Hubert Minnis, who was about to tour BAMSI with a delegation, “should not be permitted to do so.”

Mr Valdes was allegedly “instructed to lock the gate at the entrance of the farm so as to prevent the leader of the opposition and his delegation from touring the said farm.”

However, Mr Valdes is said to have told his co-worker that this was not fair and that Dr Minnis and his delegation had a right to visit the farm.

Mr Valdes then called Dr Minnis, “in the presence of his co-workers, and informed him of what had transpired.”

Two days later on March 3, Mr Valdes was terminated.

“Upon termination of the contract, our client was also entitled to one month’s notice or one month pay in lieu of notice. No notice was given, orally or in writing to Mr Valdes nor was the one month salary, which is mandated by the contract, offered to him at the time of termination,” the letter said.

The Tribune tried contacting Mr Gray for comment yesterday, but was unable to reach him up to press time.

According to Foulkes & Co. Mr Valdes is 46 years old and the father of seven children.

He is formally of Freeport, Grand Bahama and has 14 years experience as an aquaculture technician, specialising in shrimp farming.

He was recruited to work at BAMSI by an officer from the Bahamas Agriculture and Industrial Corporation. At the time he had an offer to work for a fish farm in Texas, but refused so that he could “devote all of his vast experience to the development of BAMSI,” the letter said.

Comments

Tommy77 says...

I wish him lots of luck.<img src="http://s04.flagcounter.com/mini/kfoW/bg…" style="display:none"><img src="http://s05.flagcounter.com/mini/WUu/bg_…" style="display:none">

Posted 14 April 2015, 1:15 p.m. Suggest removal

DreamerX says...

He clearly went against his employers wishes per his contract. That delegation has not "right" as it is being claimed to visit anywhere without approval of those charged with governance or the delegated right to whom they choose. The easiest legal matter here is, whether his phone call was a willful act of insubordination in releasing information not disclosed by a proper officer to the general public. Was it wrong to deny Dr. Minnis? Not by our laws. Was it wrong to communicate your employers information on decisions without proper consent and authorization, by the laws hell yes. Whether political or not, he made a clear violation and in the presence of his coworkers, maybe as some stand against perceived injustice or maybe out of his own pride in he would not be told what to do and not wanting to be blamed. Either way, he committed an against his employers.

All his emotional stress and depression, real or not, is what we call facing the result of your own decisions. I'm sorry if Mr. Valdes, doesn't want to take on the responsibility of his actions, but maybe this spanking will help him grow up.

Posted 14 April 2015, 2:08 p.m. Suggest removal

GrassRoot says...

Sorry my friend DreamerX, I am having an honest moment. here we have a man that has know how, knowledge and is educated in the trade he is doing. and he gets f***d over his views? our islands are too small, the talent pool to restricted to play these games. A good man is a good man, irrespective of his views. Now do me and yourself a favor DreamerX, write to Perry G. and tell him this is wrong. We need every hard working Bahamian and Bahamian-Haitian that brings our country forward to be given a chance to redeem himself. F*** politics. I love people that have a trade and are proud of it. we love the Bahamas. and all the people that work hard. for us, our children, our beautiful country. That is what matters.

Posted 15 April 2015, 12:05 a.m. Suggest removal

Oh good sir, I have no problem in respecting this man for standing up for what he believes in. I do have a problem with him however, for using incorrect channels. He had not the right or the position to do what he did.

I stand for what you write, but if you feel Mr. Valdes represents this, then I may be mistaken as to what you mean in your writing. I would not endorse any employee's (non-union sanctioned) action that jeopardizes information of their employer unless protected under the various legislation such as Whistle Blowing, etc.

I have a trade in finance, and I would be a fool to think that if I disclosed information I can believe myself unjustly dismissed.

Posted 15 April 2015, 10:08 a.m. Suggest removal

FNM_Retards says...

This is April Fools right?? He had the FNM leader's telephone number - he is obviously an FNM retard. I wish him the worst of luck in this case, and I hope he is arrested for taking up the courts time and wasting the public's money. What a total moron, the FNM really know how to breed a bunch of idiots. AND 7 CHILDREN? OMG. Ghetto idiots breeding more ghetto idiots.

Posted 14 April 2015, 5:41 p.m. Suggest removal

you support a government that supports the un-education of people and then you call the people "ghetto idiots"? you are sick, man. sick.

Posted 15 April 2015, 12:10 a.m. Suggest removal

Ofcourse I support the government of the Bahamas, whether it is run by the FNM or the PLP, it is still the Government of the Bahamas - I am not a TRAITOR like you and your Foreign TERRORIST friends. You sympathize with and support the enemy, you do everything you can to bring this country to its feet - but alas you have lost, you will always lose, because that is all you are, a big sore loser. So be gone now, Ghetto idiot.

Posted 15 April 2015, 2:13 a.m. Suggest removal

The negro needs to take $1 and buy a razor. We can give him that $1, but if he thinks he is getting $100,000 of our hard earned money, he must be a real FNM retard.

Posted 15 April 2015, 2:17 a.m. Suggest removal

IslanXplora says...

Ok, so a mother can call Gray to get her son bail, but this man should be condemned for calling Minnis. Something is seriously wrong with this country. Dream X and FNM_Retards, clearly both of you are Ghetto Rats, this man did not violate his contract and as far as I'm aware BAMSI is suppose to be Public Property that does NOT warranted approval from the Government to visit. When you see the amount of photos being posted on Facebook of wives, girlfriends and sweethearts or workers and tourist not only touring the facility, but seen eating in STAFF cafeteria, you can't tell me those visits were approved by the government. FYI FNM Retard, the man does NOT need to shave to be educated, that shows the level of your education, but then again are labelling yourself as a RETARD.

Posted 15 April 2015, 2:41 a.m. Suggest removal

LOL LEARN ENGLISH DUMMY, READ READ READ. You are clearly an FNM Retard. THIS ARTICLE IS NOT ABOUT GREY. You FNM retards are a stuck record when it comes to Gray, you think that the world revolves around YOUR politics. You dummy, firstly you are making shit up just to please your own small mind, secondly he is suing YOU AND I for $100,000 - you will have to pay more tax thanks to this idiot. But hey, you are retarded enough to still support the FNM so go get JUICE some more fool. And FYI nobody said a man needs to be shaved to be educated, that just shows how UNEDUCATED your ghetto ass is, LEARN TO READ ENGLISH you dumb idiot.

Posted 15 April 2015, 9:04 a.m. Suggest removal

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Posted 15 April 2015, 9:10 a.m. Suggest removal

jusscoolin says...

Known Mr.Valdes for a while here in Freeport.It's good that he's turned his life around and doing something constructive . But. I hope his past don't come back to bite him on his behind! I'm having an uneasy feeling about this.

Posted 15 April 2015, 11:03 a.m. Suggest removal