The Tribune

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.