NWC President Mark Barnett has requested separation from the utility company. (Gleaner file photo)
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By Clinton McGregor
President of the National Water Commission Mark Barnett has written to the management requesting a separation from the utility company.
Mr. Barnett, who has been suspended by the NWC, has made it clear that the relationship between the two is beyond repair.
His lawyers have also threatened to take the Commission to court over Mr. Barnett's separation package.
Radio Jamaica News was informed that Mr Barnett, through his attorneys, wrote to the Commission in January requesting that the parties begin discussions regarding his "separation package" from the NWC.
Mr. Barnett, whose contract expires in 2026, was sent on administrative leave in October last year following a report submitted by the Integrity Commission regarding a housing complex he owned along with his wife, Annette Francis-Barnett, at Charlemont Drive in St. Andrew.
He was accused of breaching the environmental permit during the construction of the complex.
But despite howls of protests by civic groups and the public for action to be taken against the Barnetts, the Director of Public Prosecutions ruled that the two cannot be prosecuted for breaching the environmental permit for their development.
In the letter requesting the separation, Mr. Barnett's attorneys argued that their client was badly treated by the company.
They also accused the company of damaging his reputation when it accused him of dishonesty and threatened to hold a disciplinary hearing against him.
The attorneys told the company that no reasonable tribunal would agree with its claim that Mr. Barnett dealt dishonestly with the Commission.
They further argued that a settlement is the best course in the circumstances, given the damage to the employment relationship, which, from all indications, is beyond repair.
Mr. Barnett's attorneys have rejected the NWC's offer made in May of six months' salary and emoluments, stating that the offer is unacceptable.
It argued that the Commission will not be able to defend a decision to summarily dismiss Mr. Barnett; in any event, summary dismissal is no longer open to the company as by its actions, the Commission has already constructively dismissed Mr. Barnett.
The lawyers maintained that there is no justifiable reason for Mr. Barnett to have been kept away from work since he was sent on "administrative leave" in October 2023.
They pointed to the fact that there had been no hearing before a decision was taken to send him on administrative leave.
They insisted that Mr. Barnett's professional reputation has been damaged by the conduct of the Commission.
The lawyers have requested an improved offer of no less than 12 month's salary and emoluments starting July 1, 2024, together with payment of all other/outstanding obligations due to him.
Mr. Barnett's lawyers have threatened to file action against the NWC before the Supreme Court to settle the impasse.
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