by hsf-adminOrderson Decision Summary
In their written ruling of the 8th April 2026 the Court of Appeal set aside the termination of City Council Head of Department of Technology by the Mayor and City Council in February 2016
Court of Appeal.
Wainwright Orderson
Appellant.
V
- Mayor and City Council
- Attorney General.
BEFORE: I’he Honourable Mme. Justice D. Gregory [he Honourable Mr. Justice R. Persaud The Honourable Mr. Justice N. Harnanan
APPEARANCES: Mr. N. Hughes for the Appellant Mr. E. Singh-Lammy for the 1% named Respondent Mr. N. Hawke for the 2** named Respondent
DATES: March 21,2025, April 7, 2025, May 15, 2025, June 18, 2025, July 15, 2025, October 6, 2025, October 28, 2025
Executive Summary.
- Case Background:
- Waynewright Orderson, an employee of the Mayor and City Council of Georgetown, was dismissed on February 4, 2016, for allegedly traveling overseas without authorization between November 30, 2015, and December 11, 2015.
- Orderson claimed he had obtained approval for the trip and that the Mayor supported his account.
- Legal Framework:
- The Local Government Commission, established under the Municipal and District Councils Act, was the body authorized to exercise disciplinary control over employees like Orderson.
- However, the Local Government Commission was not operational at the time of Orderson’s dismissal, raising questions about the authority to discipline him.
- Council’s Actions:
- The Town Clerk and Council terminated Orderson’s employment, supported by a “no objection” letter from the Minister of Communities dated February 1, 2016.
- There was no evidence that the Local Government Commission had delegated its disciplinary authority to the Council, as required by law.
- Doctrine of Necessity:
- The High Court applied the doctrine of necessity, allowing the Council to act in the absence of the Local Government Commission to prevent a failure of justice.
- However, the Court of Appeal questioned whether the Council properly adhered to public law principles, including procedural fairness.
- Procedural Fairness:
- Orderson was summoned to a meeting on January 19, 2016, but claimed he was unaware it was a disciplinary hearing.
- The Court found that the meeting did not meet the standards of procedural fairness, as Orderson was not given adequate notice, a clear opportunity to defend himself, or the ability to present evidence.
- Court of Appeal Decision:
- The Court of Appeal ruled that the dismissal was unlawful due to the lack of procedural fairness and the Council’s lack of authority to discipline Orderson.
- The appeal was allowed, and orders of certiorari were granted to quash the termination decision.
- Costs Awarded:
- The Court awarded costs of $500,000 against the Mayor and City Council and $300,000 against the Attorney General.
- Criticism of Respondents:
- The Town Clerk and Council failed to file submissions or participate in the appeal, despite multiple adjournments granted for this purpose.
In conclusion, the Court of Appeal found that Orderson’s dismissal was procedurally unfair and outside the Council’s jurisdiction, emphasizing the importance of adhering to statutory authority and principles of natural justice.
Dated the 8th day of April 2026.
by hsf-adminManaging Partner C.A. Nigel Hughes Addresses Global Investment and Dispute Resolution at BVI Arbitration Week
Hughes, Fields & Stoby was pleased to be represented at BVI Arbitration Week, one of the Caribbean’s premier international dispute‑resolution forums, by its Managing Partner, C.A. Nigel Hughes.
During the week‑long programme, which brought together arbitration practitioners, investors, policymakers, and industry leaders from across the globe, Mr. Hughes delivered a presentation focusing on global investment trends in Guyana, the evolving dispute‑resolution landscape, and the implications of rapid economic growth driven by large‑scale infrastructure development.
Guyana’s Growth and Infrastructure Investment
In his presentation, Mr. Hughes highlighted the unprecedented pace of public infrastructure expenditure in Guyana, noting that Government‑led capital projects now amount to hundreds of millions of United States dollars annually. These projects span critical sectors including energy, transportation, public utilities, and industrial development, and are reshaping Guyana’s economic and legal landscape.
He observed that the scale and complexity of these projects have attracted significant foreign participation, resulting in contracts governed by international standards and sophisticated risk‑allocation mechanisms. In many cases, such contracts incorporatedispute‑resolution clauses that designate forums outside the Caribbean, often in North America or Europe.
Dispute Resolution and the Regional Opportunity
Mr. Hughes addressed the implications of this trend for Caribbean jurisdictions, noting that while international arbitration remains an es
sential tool for managing cross‑border risk, the routine export of disputes from the region raises important questions of access, cost, and regional capacity‑building.
He advocated for the greater use and development of regional arbitration centres, emphasizing that the Caribbean possesses the legal expertise, judicial heritage, and institutional capability to serve as a credible and efficient seat for resolving complex commercial and investment disputes.
As part of his remarks, Mr. Hughes reaffirmed Hughes, Fields & Stoby’s commitment to supporting regional dispute‑resolution frameworks, including through advocacy, professional collaboration, and active engagement with arbitration institutions across the Caribbean.
Contemporary Infrastructure Disputes
Reference was also made to ongoing arbitration proceedings arising from major infrastructure projects in Guyana, including disputes connected to:
- the Gas‑to‑Shore Project, and
- construction‑related claims arising within the broader Gas‑to‑Shore development framework.
These matters, Mr. Hughes noted, illustrate both the inevitability of disputes in large‑scale projects and the importance of robust, well‑designed dispute‑resolution mechanisms capable of handling technically complex and high‑value claims.
A Regional Voice in a Global Forum
BVI Arbitration Week provided an important platform to engage with international stakeholders on the Caribbean’s evolving role in global dispute resolution. Mr. Hughes’ participation underscored the firm’s longstanding focus on cross‑border commercial work, public‑sector advisory, and dispute resolution involving major development and infrastructure projects.
Hughes, Fields & Stoby continues to advise clients across the public and private sectors on investment‑related disputes, arbitration strategy, and risk management in an environment of rapid economic transformation.
by hsf-adminHughes Fields and Stoby attends the 50th anniversary Offshore Technology Conference 2019.
Partners C.A. Nigel Hughes and Greg Clark have attended OTC 2019 where the firm is a principal sponsor of the Guyana booth.
The inaugural presence of Guyana and Hughes Fields and Stoby at OTC has been a success.
Among the several high level visitors to the booth was the team from Dyna-Mac Holdings Ltd of Singapore, the company which constructed the topside for the first FPSO for Liza One on time within twelve months.
On Thursday May 9th HFS the Guyana Petroleum Summit, for which Hughes Fields and Stoby is a platinum sponsor, will be held at the Marriot Marquis in Houston.
Details of the summit are posted at https://www.guyanapetroleumsummit.com.
by hsf-adminOil and Gas Development in Guyana – Event at Rice University
Our law firm was honored to be a co-sponsor with the Greater Houston Partnership of its historic event on the 25th of February titled: “Investment Opportunities in Guyana”. We were equally honored to be a co-sponsor of the event hosted by the Center for Energy Studies of the Baker Institute for Public Policy at Rice University, on the 26th of February, titled: “OIL AND GAS DEVELOPMENTS IN GUYANA”.
We wish to express our deepest gratitude and appreciation to all those who attended either of these historic events, thereby demonstrating their interest in learning more about the transformational developments occurring in Guyana as a result of their new oil and gas bonanza.
Our firm will continue to propose, plan and foster additional events, via the Greater Houston Partnership and the Center for Energy Studies of the Baker Institute for Public Policy at Rice University, that highlight the remarkable growth and expansion that is reshaping Guyana as a result of its world-class oil and gas boom.
Special thanks to the stellar leadership of Michael Maher of the Center for Energy Studies of the Baker Institute for Public Policy at Rice University, and John Cypher and Monica Hernandez at the Greater Houston Partnership for orchestrating these events.
Feb. 26, 2019 Event Invitation
by hsf-adminInvestment Opportunities in Guyana – Feb 25
The Greater Houston Partnership invites you to join a discussion on business opportunities in Guyana’s growing oil and gas industry on February 25, 2019.
by hsf-adminGovernment of Guyana hosts inaugural conference on Oil and Gas. GIPEX 2018.
HFS partner Nigel Hughes speaking on the establishment of the Petroleum Commission at the inaugural GIPEX conference on oil and gas in Georgetown Feb 2018
by hsf-adminGIPEX
The Government of Guyana will host its inaugural Summit and Exhibition on Oil and Gas in Guyana from the 7th to the 9th February 2018 at the Marriot Hotel Georgetown.