Dr. Alvaro Rosado, former Chief Executive Officer of the Karl Heusner Memorial Hospital (KHMH), scored a major victory in the Belize Supreme Court today, Thursday, when Justice Minnet Hafiz-Bertram awarded him $72,000 in damages and a further $14,400 in costs for what she called the “wrongful repudiation” of his contract in March 2008.
Rosado was CEO of the hospital, a statutory arm of the Government, from May 1, 2005, to March 31, 2008. He told the court that he had sought employment in the private sector, but two prospects, Belize Medical Associates and the Reporter Press, had not materialized. “As such, the claimant has been without a job since the termination of his contract,” the court ruling recounted.
Rosado told the court that following the General Elections of February 7, 2008, he learned that the new board of KHMH, headed by Dr. Ricardo Fabro, was thinking about terminating him. He had gotten a one-year renewal to his contract, dated January 18, 2008, less than a month before the elections, under the previous administration.
The KHMH, for its part, denied before the court that Rosado was due any damages, and went on to sue him for counter-damages. The KHMH accused Rosado of acting on his own, without approval of the board, of defying directives of the board, and costing the hospital a malpractice lawsuit.
The KHMH argued, in one instance, that Rosado had exposed the hospital to a malpractice lawsuit in the August 2007 death of Josefa Haylock Cal, for which the hospital had been accused of negligence. The KHMH claimed that Rosado held a press briefing in March 2008 without proper authority. Rosado maintained, to the contrary, that he had permission to proceed. KHMH’s attorney maintained to the court that the hospital was, therefore, entitled to counter-damages, because Rosado “negligently” held a press conference. The hospital claimed that they had to settle with the family of Cal for $40,000, but the court said it had not one iota of evidence of this. Justice Hafiz-Bertram consequently dismissed the KHMH’s counter-claim against Rosado.
The former CEO claimed that on March 20, 2008, the KHMH placed him on compulsory leave, and denied him access to the KHMH to continue his work as CEO.
The KHMH told Rosado via letter dated May 7, 2008, that the contract, which should have been in effect from April 1, 2008, to March 31, 2009, had become void due to “irregularities.”
He was informed, via letter from attorney Leo Bradley, Jr., that the new KHMH board would not honor the contract.
The judge, however, asserted that the KHMH is bound by its decision to renew the contract, even though there was no resolution passed on it.
She ordered the KHMH to pay Rosado $72,000 in damages, which is the salary he would have earned under the one-year contract, plus $14,400 for attorney’s fees.
“Since [Rosado] was not terminated for neglect or refusal to comply with an order or gross misconduct, he is entitled to the fixed salary for the entire one year of the contract dated 18th January 2008, being $72,000.00, as compensation, as agreed to by the parties at Clause 6 (B) of the contract,” the judge elaborated.
The charges accrue interest at 6% per annum from October 8, 2008, until date of judgment, March 4, 2
Rosado was originally suing for $110,400: $72,000.00 as salary, $24,000.00 for housing and utilities, and $14,400.00 in gratuity.
Agnes Segura-Gillett of the Ellis Arnold law firm appeared in court for Rosado, while Leo Bradley, Jr., appeared for the KHMH.