Dear Sir:
Please
be advised that we are instructed by the above captioned to respond to
letters dated 25th April essentially in the same terms but for
various particulars re a reported refusal to report for duty.In
those letters you have advised that each person’s salary has been coded
and that you will seek to recover money already paid.Let
us make it abundantly clear that you have no right in law to do so and
we will seek to restrain any such attempt through the Courts. Please be
advised that all of the persons named are ready, willing and able to work
now. Can you give assurances that they will not be prevented from working
by you, your agents or servants? Will you, your servants or agents return
their identity badges and passes so that they can access the work site?
In
each case, the persons were prevented from working by you, your servants
or agents at the times and places specified by you in the letters.
Further,
on the 18th April, all of the persons reported for duty following
a ruling of the court that you your servants or agents were to allow them
to return to their duties.You your
servants or agents refused to allow them to return to work at that time.
On
19th April at 5 p.m. all of the persons reported for duty.You,
your servants or agents refused to allow them to return to duty.
You
continue that refusal up to this time.You
write a letter to them accusing them of abandoning their posts when you
your servant or agent are in the possession of letters dated 9 April from
each of the persons requesting clarification of their status because they
were prevented from returning to the work place by you, your servants or
agents.
On
the dates, times and places specified in your letters to them respectively,
you your servants or agents caused their identity badges and passes to
be removed from their persons so that they could not access their work
place.They were asked by you your
servants or agents to leave the premises on the dates and times specified
in your letters. In the case of Ms. McDonald she was escorted from the
premises.In the case of Mr. Carroll,
he was threatened with arrest by the police with your servant or agent
present when the threat was made. Mr. Carroll reported sick but also followed
up with a call to you, your servant or agent the next day saying that he
was ready, willing and able to report for duty. There has been no response
from you, your servant or agent.
I have written to your Minister before to say that he was in violation of a ruling of the court.The twenty-four deadline has passed since he was served the notice on him and he has still not complied with the ruling of the court that the persons you have written to (inter alia) ought to be allowed to return to their duties.
The
letters to my clients are an administratively convoluted, dishonest and
disingenuous attempt activated by an improper purpose and motive to deny
the pay and benefits to these officers and is in flagrant violation of
a ruling of the Court.
Please
be advised and advise your Minister that in certain circumstances an officer
including a political office holder may be held personally liable for the
actions if they amount to abuse of their public office.
May
we know when and where the officers are to report to work and whether the
impediments on their returning to work have been removed by you your servants
or agents?
Yours
sincerely,