Lead Editor Investigations
asha.javeed@guardian.co.tt
Attorney Kerywn Garcia, SC, the husband of President Christine Kangaloo, has been appointed by Massy to investigate the claims made by its former executive vice president of business integrity and group general counsel Angélique Parisot-Potter about its executive leadership programme.
The Sunday Guardian understands that the two-member investigations team includes attorney Vishma Jaisingh.
Last month, Garcia became the centre of the Joint Trade Union Movement’s (JTUM) ire after it alleged, without providing evidence, that there may be a possible conflict of interest in a matter he had before the Industrial Court and the non-renewal of the contract of former Industrial Court president Deborah Thomas-Felix. Garcia never responded to queries by the Sunday Guardian on this matter.
Meanwhile, Massy was initially doing two investigations—one into Parisot-Potter’s conduct at the company’s annual general meeting (AGM) and another into her 13-page letter of concern which she submitted to President and chief executive Gervase Warner about the leadership programme.
However, her resignation on December 27 negated the need for an investigation into her conduct.
After Massy appointed Garcia, it halted its executive leadership programme with Florida-based Delphi Sphere Consulting, run by a couple—Paul Dominguez and Indira Dial-Dominguez.
Last week, in an exclusive interview with the Sunday Guardian, Parisot-Potter said that to date, she has not been contacted to take part in the investigation even though her lawyer had written to Massy expressing her willingness to do so.
“It is now almost six weeks since I submitted the 13-page document to the CEO and I have had no discussion on many of the concerns I raised in my capacity as (the General Counsel) and an employee,” she had said.
Parisot-Potter said her misgivings about the programme stemmed from her having to do it.
“I had to do the programme. I did not have a choice. I was clearly and repeatedly told that it was a condition for continued employment and opportunity by senior members of the executive management team—I cannot move forward with Massy without doing this programme.
“The Delphi experience was and is a serious matter in its violations of my religious beliefs and the beliefs of others, but Delphi in itself was not the problem. Delphi is symptomatic of the real issues.
“The problem is that the contracting and enforced deployment of Delphi was symptomatic of a flawed system of governance and fiduciary oversight—issues I repeatedly raised. In some cases, for which I was attacked, and told that I was not a leader because I didn’t conform,” she said.
“It has been and it is my professional opinion, that this matter and the others I raised are of questionable ethical practices and a very fragile governance system that is in dire need of urgent repair,” she had told the Sunday Guardian last week.
On December 18, at the company’s 100th annual general meeting, Parisot-Potter took to the floor during the question and answer period and voiced concerns about the conglomerate’s executive leadership consultant.
Parisot-Potter claimed that Delphi engages in bizarre rituals for executives, that their leadership programme is a drain of scarce foreign exchange and that the couple leading the programme appear to exert disproportionate influence over Massy’s executive team.
She told the company’s board of directors, chaired by Robert Riley, that she had written to Warner but received no communication on the matter so she was compelled to raise the matter at the AGM.
Massy’s board of directors subsequently issued a statement dismissing her claims as “untrue” and “scandalous” and said it was appalled by her conduct and had initiated a disciplinary process against her duties as the general counsel to the company and “will follow due process to determine how this should be handled responsibly yet decisively.”
Parisot-Potter was sent on administrative leave until January 12 but she resigned on December 27 with immediate effect.
“Given the serious nature of the fiduciary and governance concerns I had brought to the company’s attention, it would have been unconscionable for me to continue to serve as the general counsel and officer with responsibility for business integrity without compromising my personal integrity and professional credibility,” she had told the Sunday Guardian.
Parisot-Potter had said that her role as general counsel was to the shareholders and she was not the lawyer to the chief executive of the organisation while she did report to him.
“In my role as general counsel of a publicly traded company, I held a fiduciary responsibility to safeguard and protect the interests of our shareholders,” she had said.
At that time, Warner said that many of the group’s leaders and some board members had attended the programme and that Parisot-Potter would not be the first executive who has had difficulty in a programme like this.
“We think a part of our secret at Massy is that we are willing to do this kind of work as leaders. It is the kind of work that we have done that allows us to have the results the company shows. That is because culture eats strategy for breakfast,” he had said and added that building connection and trust with other leaders, employees, customers and communities is a big part of Massy’s success.
Massy memo
In a memo sent to all staff last Thursday, Warner sought to update the company on the investigation.
“Our group has a long-standing reputation for integrity and good governance. It is a reputation of which we are proud and one that we feel a tremendous responsibility to uphold. As a result of that, the Board of Directors of Massy Holdings Ltd (MHL) has appointed an independent, external investigator to conduct a full investigation into the recent allegations made by our former Group General Counsel Mrs Angelique Parisot-Potter.
“This investigation has commenced, and the investigating team will report to the MHL Board through Ms Luisa Lafaurie Rivera, who is an independent non-executive Director, and Chairperson of the Board’s Governance, Nomination and Remuneration Committee. This structure is intended to ensure the independence of their investigation and reporting; and will provide oversight for any corrective action or recommendations arising out of the investigation.
“While we would hope for an expeditious conclusion to their investigation, the Board and Executives are committed to allowing the team, the time and space that they deem necessary, to do their work.
“While it would not be appropriate to discuss an ongoing investigation, we are committed to keeping you informed and up to date on any salient developments as and when we are able to do so. We thank you for your continued support and your confidence in our Group and its commitment to our Values,” the memo said.