Derek Achong

A senior National Insurance Property Development Company (Nipdec) employee has been given the green light to sue her employer over its failure or refusal to disclose information on a disciplinary tribunal that investigated her sexual harassment allegations against a former co-worker.

Last week, High Court Judge Margaret Mohammed granted the woman, who cannot be identified due to the nature of the case, leave to pursue her judicial review case over Nipdec’s handling of her disclosure request made under the Freedom of Information Act.

In the woman’s affidavit file as part of her judicial review application, which was obtained by Guardian Media, she claimed that the alleged harassment began shortly after her former colleague was hired by the State-agency in late 2018.

She made a report under Nipdec’s sexual harassment policy and a committee comprising of Lynette Seeberan-Suite and Gerard Pinard, under the counsel of Senior Counsel Douglas Mendes, was appointed to investigate.

The man was then terminated based on the findings of the committee.

She claimed that after his termination, she began to be discriminated against by a group of senior employees, who had provided witness statements in his support.

She claimed that the statements were sent to her former employer and other prospective employers and that she was repeatedly ridiculed.

She claimed that she requested the audio transcripts of the committee’s hearings and its final report to help her decide whether to initiate litigation against Nipdec over the handling of the situation.

Nipdec claimed that some of the information was exempt from disclosure and did not respond to her request in relation to the remainder of the information.

Through the lawsuit, the woman is seeking declarations against Nipdec and orders compelling it to disclose the information.

The woman is being represented by Kiev Chesney and Chelsea Stewart.

The case is expected to come up for case management on September 18.