Having filed lawsuits against the University of T&T for wrongful dismissal, 11 fired lecturers are now planning to sue the Accreditation Council of T&T.
During an interview yesterday, fired lecturer Dr Kumar Mahabir said his legal team headed by Anand Ramlogan (SC) was in the process of filing a pre-action protocol letter against the ACTT, after it failed to investigate claims that an uncertified, unqualified person was hired by UTT to teach anthropological studies after Mahabir was dismissed.
“I was replaced by an unqualified lecturer. I have been through the Freedom of Information Act asking the Accreditation Council to investigate the matter. They are playing games. They said that the first semester from September to December 2018 has already passed. We asked the Accreditation Council to act in this matter and they are dragging their feet so we are filing a pre-action protocol letter,” Mahabir said.
Asked how they had been coping since the retrenchment, Mahabir said he has a publishing company and some of his colleagues were now working part-time.
“Some are giving extra lessons and some are unemployed. It is difficult now to find jobs in the country because every organisation is retrenching,” Mahabir said.
He added that Minister of Education Anthony Garcia said 244 UTT workers would have been retrenched but this has not happened.
“Since January 2018, he said UTT needs $18.5 million to pay off severance if they are retrenched. My question is where is he going to get that money?” Mahabir asked.
Mahabir said the action involving the wrongful firing from the Centre for Education Programmes as part of the university’s stated “restructuring exercise” will be addressed in the court. He said as the only qualified anthropologist with a doctoral degree from the University of Florida, he could have been relocated to the Academy for Arts, Letters, Culture and Public Affairs instead of being fired. He also added that UTT breached its own human resources policy outlined in its official published handbook.
“In Policy Ref No HR 17, Clause v, the Separation Policy states: ‘Where it is determined that the university is overstaffed in any area of its operations and the surplus staff cannot be reasonably employed in another area, the university will consider retrenchment as a final option,’” Mahabir said.
He added universal industrial relations procedures dictate that dismissals should be done only after consultation with the affected employee, prior notice of dismissal, presentation of evidence by the employer, an opportunity for the employee to respond, representation of the employee by an attorney, notice of dismissal, a right to appeal and a right to judicial review. However, Mahabir said none of this was done.
Earlier this year, acting chairman of the UTT’s board of governors, Professor Clement Imbert, said the dismissed workers got 45 days’ notice. He also said the UTT had no money and could not absorb any of the workers into any other programme at the time of the dismissals.