Ex road boss files suit against NRA
Juliana OConnor-Connolly, Deputy Premier at the time, drives a paver in 2012
(CNS): Brian Tomlinson, the former director of the National Roads Authority, has filed a lawsuit against the government agency seeking damages for what he says was a breach of his contract, negligence and mistreatment which resulted in his ill-health. Tomlinson accuses the NRA board of questionable conduct in a number of areas, from conflicts of interest to trying to sack him when he released truthful information in the Brac paving scandal in response to a lawful FOI request.
Tomlinson was dismissed from the NRA top job by the board in 2012 in the wake of a dynamite importation case but in the suit the former director says the trouble started for him much earlier. He said that the board first threatened to sack him in 2008 because he raised a potential conflict of interest in connection with a member.
In the legal action filed Monday by the local law firm Appleby, Tomlinson makes serious allegations about how he was treated and the behaviour of the NRA board from 2008 onwards until he was finally removed at the end of 2012.
He states in the claim that his job was first threatened when local attorney Steve McField had sought to have him removed after Tomlinson objected to McField’s appointment to provide paid legal services to the board when he was also a serving member, as Tomlinson said he believed it was a conflict of interest.
Tomlinson claims the board attempted to persuade him to approve a subdivision road built by a private, but unidentified, paving company in October 2010 that failed to comply with the NRA standards. He also states that the board circumvented his authority when they went to the deputy director to have another subdivision road approved without Tomlinson’s knowledge.
The former director points to another attempt to sack him over the release of truthful information in response to a freedom of information request about the controversial paving of private driveways and parking lots on Cayman Brac by the NRA using public money between 2010 and 2012. The board directors, he states in the claim, wanted to sack him for releasing that information until they learned via the information commissioner that the release was lawful.
The information triggered a significant scandal and an independent investigation by the auditor general, who found that there appeared to be no legal justification for using public money to pave private roads. Alastair Swarbrick’s office found that more than $500,000 of public cash was spent on the project and, since the country’s legislators had not voted for it, this was misuse of taxpayers’ money. However, no action was taken against the minister at the time, Juliana O’Connor-Connolly, who was said to have approved the spending in her constituency. Despite the questions surrounding the spending, the Attorney General’s Chambers told the auditor general that they had not been able to identify any actionable breach of statutory duty in relation to the scandal.
While Tomlinson appeared to have survived the wrath of the board over the release of the information about the paving into the public domain, as well as other aborted attempts at terminating him, the board was, however, successful in removing Tomlinson in 2012 in the wake of the now infamous dynamite scandal.
Tomlinson states that he was dismissed after he reported an irregularity regarding an illegal importation of explosives between the then premier, McKeeva Bush, and the collector of customs to the governor’s office. The former roads boss claims that the collector of customs approved the shipment at the request of the premier, even though Tomlinson had already refused the importation. Tomlinson explains in the suit that, as the director of the NRA, he was responsible for the approval of all explosive imports.
As the courts were to later hear in the case against Midland Acres, the firm which had brought in the dynamite, the shipment was not lawful as the firm involved had not sought the correct licensing and approvals.
The RCIPS also revealed at the time that they were investigating Bush in relation to the request made to the collector of customs asking for the shipment of explosives to be released but no charges were ever brought in connection with that probe. Bush stated on a number of occasions that his email to Carlon Powery, who was head of the customs department at the time, was an effort to assist a friend who was attempting to fill a marl contract.
Tomlinson claims that after he had reported the case to the authorities, he was informed that Bush, who was at the time still premier, was seeking to have him fired. Shortly afterwards he was removed from office, he states in the legal action. According to the suit, Tomlinson was told he was being removed as a result of budget cuts on the one hand or sickness and absence on the other.
Tomlinson states that his ill-health was as a result of the way he was mistreated in his post and claims that he suffered stress beyond the levels that would be reasonably expected in such a job, making his working environment unsafe and putting his health at risk.
He states that undue pressure was placed on him and no care was taken, despite the fact he was suffering work-related stress, to protect him from it. Tomlinson claims he was unfairly dismissed and that his termination also exacerbated his work-related illness. Claiming medical expenses relating to his now permanent chronic fatigue syndrome, loss of income and general damages in relation to pain and suffering, as well as special damages, which will be detailed at trial, and damages for the breach of contract.
Related articles in CNS archives:
Government road boss fired (09/07/12)
Private Brac paving illegal (23/05/12)
Explosive import fine $1300 (30/08/12)
Man charged over dynamite (15/08/12)
Dynamite request in question (14/05/12)
Cops open dynamite enquiry (03/04/12)
Related documents:
Letter from Suresh Prasad to Premier McKeeva Bush, March 2012
Memo to collector of customs from Premier McKeeva Bush, March 2012
Category: Courts, Crime, Jobs, Local News
You have a sick country, ruled by a Caymanian elite with no regard for law, process or its people.
Every time I see that picture I smile…..and think “What was she thinking”?
She absolutely proves here just how dysfunctional any government is in Cayman. How can she have survived this picture? In any other country she would have resigned or be made to resign but what do we do in Cayman, we make her speaker of the house.
Please run at the next elections Bryan. Cayman desperately need people with your high degree of integrity to run/
Regardless of whoever’s right or wrong here I’ll bet the only real winners will be the lawyers.
It is a shame that in this country the people who still have some sort of morals and ethics and who believe that rules, regulations and processes are there for a reason have to be subjected to such bullying and mobbing. In essence, the message that has been sent with his unfair dismissal is that if one does the right thing, they have to live in fear of losing their livelihood?! No wonder this country is in such a mess and so many turn a blind eye!
For those people who believe that his dismissal was forthcoming one way or another, I can’t believe that you would be so naïve and stupid to claim that Brian taking a stance had nothing to do with him losing his job. At the end, he lost his job because he did what he was hired to do and that was just very inconvenient for some folks!
I hope Brian finally gets what he deserves and it is made clear to everyone in this country that standing up to bullies is still the right thing to do, even if the bullies are the ones who are issuing your pay check.
Thanks Brian for standing up for what is right. Unfortunately there are not many people like you left in this country.
I admire anyone who stands up to the bullies on this island but he has paid a high price. You can only hope his compensation will be enough to sustain him as he has probably lost any chance of ever working in government again. Many people I know, including me, are bullied but feel powerless to do anything because we have bills to pay.
What a sad post and a terrible indictment of a society. I wish you God speed. The bullies in Cayman will have to face their God one day. Sadly that will not help you now.
Every time I see this picture I think of the Amish.
Forcing people to live 200 years back in time.
When I look at this picture, words come to mind that CNS won’t post.
Worst yet, is those who continue to recycle these politicians, but yet are still suffering.
Quote one scripture from the Bible during election and they become zombies; always hungry, always wandering aimlessly.
Everything stated in this article is absolutely true and a perfect example of cronyism and corruption in all levels of government. But come on, chronic fatigue syndrome, work related stress, loss of income, pain and suffering? Really?
If you want a stress free job, work as a janitor. Anyone who applies for, and accepts, the position of DIRECTOR of any organization is going to have stress and a high degree of politics, especially when it’s a large government authority such as the NRA. That’s why your paid the big bucks.
There are no “large” government authorities in the Cayman Islands Government.
Cayman is a very small town, get used to it.
The concept is very simple, an employer has rights and so do employees. Either party may exercise their rights if there is a breach by the other party. The equation of employer vs employee is inherently an unbalanced one, but in the Cayman Islands this is often exploited by employers to their full advantage especially with a known limited job market for many occupations. Employees are often left in a vulnerable position.
Government over the years is well known to be one of the worst culprits, and the poor treatment of employees still continues, but they cant seem to learn.Dr Astley McLaughlin (McLaughlin v The Governor) had to take his well publicized case to the Privy Council to obtain relief.
It is time someone makes an example out of them, Brian should be congratulated for his stance.
Shouldn’t he be suing the boy named sue?
Sometimes, we wonder how politics of this gem nation are like third world countries at occasions. Its like a revolving door same individuals are in and out. At the end of the term, we swear we will never be fooled again by smart catch phrases, slick styling and fast talking… Yet here we are…
If Mr. Tomlinson’s health was being adversely affected, then why not quit before it got worst. If he or anyone for that fact is unable to take the stress, then find a less stressful job with lesser work politics. Most jobs are not worth risking one’s life. He could have exposed the individuals involved if he still cared about the public.
Lastly, we the taxpayer lost money because of the Brac paving and other items mentioned in the story, now we have to pay for legal cost of defending this litigation and may end up paying what appears to be a very handsome amount to him. Where is the win for public in all of this?
So what are YOU going to do about the fact that the country has lost a huge amount of money because of the NRA conducting all these unauthorized side businesses!?!?! Are YOU ok when duty is going to be raised the next time so that the country can cover the lost funds that is blown by our elected members for no good reason? Mr. Tomlinson attempted to do something about it – why should he and his family suffer in silence without any income because he tried to do the right thing? If people like YOU would also take a stance, then perhaps this constant corruption nonsense would finally come to an end!
You are obviously a government employee. More than likely following the lead with the rest of corruption and “politricks”. If you knew the littlest bit about Mr. Brian Tomlinson you would know he is a stand up man respected by many. He was forced out of his position b/c he stood up for what is right over and OVER again. You must have enough sense to see corruption at face value here. Each time he stepped up to the plate and sided with the honest right thing to do he faced backlash.
How do you know his contract was coming to an end? Are you an NRA employee leaking confidential employee information? Did his employment end prior to his contract – YES. Is he suing for millions? You seem to know alot for someone who isnt involved in the case. If you are involved in the case you should know better and keep your mouth shut. Take a lesson from Mr. Tomlinson and do whats right and ethical.
Driftwood get their contracts ended unfairly all the time. But we are collateral damage in a dysfunctional system that chops your head off if you dare try to do the job diligently or bring to the attention of superiors the wrong doing of a Caymanian.
Good on you Mr. Tomlinson, for taking this action. It appears that he was indeed treated unfairly, as as bullying (especially in CIG) is so commonplace, it comes as no surprise!
Is anyone surprised of about this law suit ? I’m not – but I am a bit surprised that Mr. Tomlinson took this long to file the law suit. Everyone who knows about “politics & politricks” knows that he was treated harshly while being the boss at NRA.
Tomlinson was horrendously treated and deserves his day in court but can he afford it? That’s the problem with getting justice nowadays. If Applebys is doing this pro bono good on them but I doubt it.
Wait until you see which firm acts for NRA, smh
That should be… Steve “Sacred Vessel” McField ….shouldn’t it?
No it is not him. Get a copy of the claim from the cause book at civil registry and see for yourself.
Why not just tell us then?
In the interest of fairness and balance, a key detail that was left out of your article was the fact that Brian Tomlinson’s 5yr fixed term contract came to an end and was simply not renewed. It should also be noted that on the one hand, he is claiming unfair dismissal whilst on the other hand also claiming he is permanently disabled and unable to continue to work due to stress. Which is it? inability to work or wrongful termination? you have to choose one or the other, you can’t have both. I guess everybody and their dog is now going to be running to the Government (i.e. we the tax payers) crying foul to get their millions as soon as someone looks at them the wrong way.
“In the interests of fairness and balance” my eye! A “key detail” left out of your comment was that Mr Tomlinson’s contract did not come to an end at the end of its natural term as you state, but was in fact terminated 6 months early. Moreover, notwithstanding the fact that the purported justification was the economic situation of the islands and the limited amount of work the NRA had, the board appointed a replacement managing director (admittedly on an acting basis, albeit he is still there today) and made no other involuntary redundancies whatsoever.
As for your suggestion that stress induced ill health and unfair dismissal – “which is it – you have to choose one or the other” are inconsistent arguments, you either have no understanding of labour law or for that matter common sense logic, or you are being deliberately mischievous. Work related stress brought on by bullying is perfectly consistent with constructive and unfair dismissal.
As for your final comment, they are alleged to have done a damn site more than look at Mr Tomlinson the wrong way. And he is not going to get any money unless a court of law agrees that he was a victim. Inconvenient for apologists like you, I know, who would prefer to wave around completely ridiculous comparisons and the fact that the damages will have to be paid by the tax payer to try and turn public opinion against someone seeking compensation. However I have to agree with you that the taxpayer should not have to foot the bill. It should be the individuals responsible.