Judge quashes Daal's order

Minister Carlos Monk (Administration, Planning and Service, PS) has violated the precision principle by not hearing Harold Daal, head of the Public Affairs Department with his decision to appoint him program manager of the project Basic Registration.

The judge ruled this in legal proceedings which Daal had instituted against this order of the government. The judge quashed the order in question.

On August 19th last year, Monk told Daal that he would be temporary entrusted with the position of program manager of the Basic Registration project. This project is to realize an integral system of five basic registrations that is accessible for those who pursue policy, entrepreneurs and citizens. In this, it regards the basic registrations Persons, Buildings and Addresses, Legal Persons and Companies, Topography, and Cadastral Properties. Monk’s order was confirmed in writing to Daal on August 22nd. In this letter Daal was also informed that he would be temporarily relieved from all activities as head of Public Affairs as of August 29th and be entrusted with the position of program manager of the Basic Registration project for a minimum period of three years.

On August 25th, Daal lodged an objection against the order in question, requesting the Minister to revoke the order, grant him a reasonable term to consider acceptation and consult with him on a task acceptation with due regard to retain his integrity. The next day Monk told Daal he saw no reason to revoke the order. Daal subsequently was unable to work for several days. On September 1st, he returned to Kranshi where he was told to hand in his keys and pass, that he was denied access to the building and report to his new place of work. Daal subsequently reported sick and went to court to have the Minister’s order declared invalid.

Daal satisfied with verdict

With his verdict, the judge put Daal in the right. According to the judge, Monk should have heard Daal on the interpretation and intention to entrust him with the position of program manger of Basic Registration, but also on the interpretation of the position of head of Public Affairs. The judge rejects the defendant’s argument that Daal had been given the opportunity to be heard. “It is not apparent why, despite the plaintiff’s request for consultation (…) plaintiff had to resign his work at Kranshi on very short notice (one week) after receipt of the written order of August 22nd 2011 and start working as program manager (…). The manner in which the Minister had handled this case with Daal is strongly defaming, as far as the judge is concerned, also considering the decision to deny him access to the building and order him to hand in keys and pass.”

The judge does not preclude that if Daal were given the opportunity to inform the Minister, Monk could have changed his mind. Therefore, the Minister had acted carelessly by not informing Daal. The court declares Daal’s objections as valid and quashes the Minister’s order.

Daal states he is satisfied with the judgment pronounced yesterday. “I’m happy but regret it had to come this far. However, this proves justice prevails also on Curaçao.” Daal and his lawyer Roy Bottse will study the verdict during the coming days.

20 January 2012

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