Prison officer sues State for salaries, benefits after sacked for “breach of ministerial instructions”

Last Updated on Sunday, 1 June 2025, 21:13 by Writer

A former Assistant Superintendent of Prisons, who said he was dismissed for “breach of ministerial instructions”, has sued the State, seeking his reinstatement and the payment of salaries and other benefits, according to court documents filed in the High Court.

Thirty-seven-year-old Amias Alec Benjamin says in a Statement of Claim filed on January 1, 2025 that he was “unlawfully, egregiously and surreptitiously dismissed without a hearing and in breach of the rules of natural justice and legitimate expectation.”

The orders being sought are unlawful and unconstitutional dismissal and related breach of natural justice, immediate reinstatement in same rank and seniority as well as payment of his salary and allowances, Christmas bonus, leave passages, payment in lieu of vacation leave as if he was not or never dismissed and entitled to.

In lieu of reinstatement, Mr Benjamin wants the court to pay him GY$1 million for wrongful dismissal; payment of general damages in excess of 60 months salary representing both the period it would take him to be re-employed in a similar, or as compensation for his unlawful dismissal, and alternatively in lieu of re-employed or re-instatement or placed in a comparative job/capacity; be paid full salary and all other benefits and allowances, from the 9th day of January, 2024, the date he was last paid, up until the date of decision; payment of pension, and gratuity, calculated for his pensionable services from 26th January, 2009, to the date of the decision, and payment of damages for breach and/or violation of his Constitutional right to work.

“The claimant was punished by being removed unlawfully and illegally from his permanent employment as an Assistant Superintendent of Prisons, for an imposed, null, void and illegal reason being “breach of ministerial instructions, whatever that means, effective from the 9th of January, 2024,” states Mr Benjamin’s lawyer, Patrice Henry. “The claimant is unaware of any disciplinary offence titled “‘ministerial instructions’ and is equally unaware of what constituted this perceived breach.”

According to the court documents, Mr Benjamin wrote the Director of Prisons and the Permanent Secretary of the Ministry of Home Affairs but received “no response.”

So far, the State, through the Attorney General as the defendant, has not responded to the claim which also states that Mr Benjamin was not charged departmentally or criminally or given an opportunity to confront any allegations levelled against him, but “dismissed without the sacrosanct principle of being afforded the right to be heard without any adverse findings.”

Mr Henry said Mr Benjamin’s constitutional rights were violated because he was not paid his accrued superannuation benefits for the 15 years of his pensionable service.

The Statement of Claim says the former prison officer is seeking immediate reinstatement, and paid all monies due as if he was not dismissed, and that his seniority, rank or computation of his superannuation benefits must not be affected adversely.