A HIGH COURT judge has warned state boards that the arbitrary sanitisation of staff after a change in government will not be tolerated as he awarded $1.3 million in damages to the former provost of the University of Trinidad and Tobago (UTT) Fazal Ali for his wrongful dismissal in 2015.
On Monday, Justice Frank Seepersad condemned the conduct of the government-appointed UTT board in its dismissal of Ali, a former Teaching Service Commission chairman.
In May 2015, Ali was given a new three-year contract, however, shortly after a new board was appointed following the general election in September of that year, his performance was reviewed.
Several months later, Ali was informed that he was placed on administrative leave to facilitate an audit ordered by the board.
Ali, who was the subject of a disciplinary tribunal, was told the reason for his dismissal was because there was sufficient evidence that he misconducted himself by mismanaging the academic business of the university and failed to act in its best interest.
He was represented by Senior Counsel Russell Martineau and Fyard Hosein.
In his decision, Seepersad held that Ali’s contract was wrongfully terminated and had to deal with the professional and emotional toll of it.
It was for this reason, the judge awarded what is possibly the highest award for aggravated damages along with the sum Ali would have earned under his second contract and the loss of opportunity for a renewed contract. The university was also ordered to pay Ali’s costs along with interest.
He has allowed a stay of execution of his decision for 28 days in the event the university chooses to appeal the decision.
Ali joined UTT in 2002 when he was assigned to the office of the campus principal to work on special projects.
In May 2012, Ali was hired for the provost position and was tasked with overseeing the academic community, curriculum content, exams, and student discipline.
The next month, he was asked to temporarily hold the position of president, who handles corporate governance of university facilities, procurement, budgets, and finance. He held that position until the following year.
In May 2015, Ali was given a new three-year contract, however, shortly after a new board was appointed following the general election in September of that year, his performance was reviewed.
Several months later, Ali was informed that he was placed on administrative leave to facilitate an audit ordered by the board. Dr Ali claimed that a newspaper reporter contacted him to comment on the issue before he received official confirmation.
At the end of the audit, Ali was charged with two disciplinary offences over his alleged role in ending the employment of a senior lecturer and a programme administrator.
The disciplinary tribunal led by former Industrial Court vice president Gregory Baker found Ali guilty and he was terminated.
In his lawsuit, Ali contended that the board and tribunal failed to consider that he had a minor role in not renewing the duo’s contracts as that fell wit
