Dr Christine Chen Sues Centre For Women For Over Half Million Dollars Loop Cayman Islands

The content originally appeared on: Cayman Compass

According to a Writ of Summons filed in the Grand Court on February 8, 2024, Dr Christine Chen is suing the Centre For Women, Family And Child Health Ltd. for over half a million dollars for an alleged failure to pay an amount owed to her under a promissory note. The statement of claim also alleged breaches of contract, wrongful dismissal and loss of salary.

Based on the claim, Dr Chen was allegedly employed by the Centre For Women from March 1, 2020. Before this, she reportedly “worked with Trincay Medical Services Ltd (“Trincay”) from 1 December 2013 under the tutelage of Dr Awardnath Howard Deosaran.”

As to how Dr Chen came to work with the Centre For Women, the claim alleged that “as a result of the separation arrangement with Trincay and Dr Awardnath Howard Deosaran, Dr Chen agreed to transfer her employment to the Centre For Women “in March 2020 on the same terms and conditions of the employment with Trincay.”  However, it is alleged that no updated contract was provided to Dr Chen.

Regarding the termination of Dr Chen’s employment, the claim alleged that the Centre For Women “wrongfully and unfairly terminated” her “employment in breach of sections 50 and 51 of the Labour Act (2021 Revision) and in breach of contract.”

The claim alleged that the Centre For Women “failed to give adequate notice” to Dr Chen and “failed to have just cause” for her termination.

As a result, Dr Chen is claiming damages for wrongful dismissal.

In relation to breaches of contract, the claim alleged that the Centre For Women breached Dr Chen’s contract by failing to:

11.1. pay her salary on time or at all between Aug 2018 to January 2024;

11.2. pay and maintain the Plaintiff’s medical malpractice insurance from 30 September 2023;

11.3. pay the employer’s portion of the pension contributions to the Company’s pension plan on behalf of the Plaintiff since June 2019 to March 2020 and October 2022 to January 2024; and

11.4. pay health insurance premiums for the Plaintiff for the period October 2019 to January 2024;

11.5. pay the annual RERC fee.

The claim further alleges that the Centre For Women’s failure to pay and maintain Dr Chen’s medical malpractice insurance resulted in loss of patients, lost privileges at the Health Services Authority hospital, irreparable damage to her reputation and professional relationships within the medical fraternity and with patients and mental distress and damage to herself-esteem and morale.

Lastly, the claim alleged that the Centre For Women breached the terms of a promissory note.

According to the claim, “In acknowledgement of the amount outstanding” to Dr Chen, the Centre For Women allegedly agreed to issue a promissory note to Dr Chen dated November 14, 2023. 

The promissory note was reportedly revised on December 14, 2023 (the “Promissory Note”) for the repayment of the outstanding salaries, benefits, goodwill payment and interest (the “Debt”) to Dr Chen.

The claim alleged that the Centre For Women, in breach of the Promissory Note, “failed to pay the Debt or any part thereof” to Dr Chen despite numerous requests.

Allegedly, “In acknowledgement of the amount outstanding” to Dr Chen, Dr Awardnath Howard Deosaran “executed a personal guarantee dated 14 November 2023 and a further guarantee on 14 December 2023 (the “Personal Guarantee”) in which he agreed pay on demand the Debt owed.”

It is alleged that, in breach of the Personal Guarantee, Dr Awardnath Howard Deosaran “failed to pay the Debt or any part thereof despite numerous requests.”

In connection with the foregoing, including alleged negligence, the claim alleged that Dr Chen “suffered losses and damages and seeks compensation.”

Some of the details of the compensation sought in the alleged claim are as follows:

1. Payment of the Debt as per Promissory Note including interest to Dec 15 CI$ 512,858.83

2. Damages for breach of the Promissory Note (TBA)

3. Loss of salary for 1 January 2024- 31 January 2024 CI$15,720.88

4. Additional notice period payment 10 February 2024 (CI$524.59 daily) CI$ 5,245.90

5. Unpaid salary for August 2018- January 2019 CI$19,086.84

6. Reimbursement for annual RERC fee (Nov 2023 – Jan 2024) CI$2,843.75

7. Severance pay (CI$3,750 per week x 10 years) CI$ 37,500

8. General Damages for wrongful dismissal (TBA)

9. General Damages for breach of duty (health welfare and safety) (TBA)

10. General damages for Negligence (TBA)

Note to readers:  The foregoing is a description of allegations only. An allegation is an assertion made by a party in legal proceedings that is still to be proven. It is a matter for the Court to hear from all parties and reach a decision based on the facts.