Nearly eight years after his termination, former chief executive officer Shawn Tudor has had his dismissal by the Barbados Agricultural Development and Marketing Corporation (BADMC) set aside by the High Court.
Tudor, whose contract was cancelled in November 2018, applied to the High Court for judicial review through his lawyers, Senior Counsel Hal Gollop and attorney Neil Marshall.
Justice Michelle Weekes granted the order of certiorari – a higher court’s writ to review a lower court ruling – quashing the BADMC’s decision.
Through his attorneys, Tudor requested a declaration that the decision to terminate his contract of employment with immediate effect was contrary to law.
Tudor’s lawyers also claimed an excess of jurisdiction; a breach of the principles of natural justice; an unreasonable, irregular and improper exercise of discretion; an abuse of power; an act of bad faith and improper and irrelevant considerations; an act carried out on the instructions of an unauthorised person; an act for which there was an absence of evidence upon which a finding or assumption of fact could reasonably be based; and a breach of, or omission to perform, a duty.
Saying his client was happy with the outcome, Marshall told Barbados TODAY that the court would now hear submissions on the awards of damages and costs.
He said: “He was terminated with immediate effect and had been on contract so that his special damages will be that remaining unexpired term of the contract, but then you have another element: aggravated damages. This cannot be quantified by a calculator. It is the public humiliation, the loss of prestige and the harm to reputation. He even had a situation where people did not want to hire him. So the court will be looking at these things to determine damages.”
The BADMC was represented by attorney Liesel Weekes.
The case will continue on February 3, 2027.
(JB)
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