Court asked to dismiss ex-CUC staff’s lawsuit

The Commonwealth Utilities Corp. and former CUC executive director Allan Fletcher asked the federal court yesterday to dismiss the lawsuit filed against them by terminated CUC employee Zaji O. Zajradhara.

CUC and Fletcher, through assistant attorney general David Lochabay, asserted that Zajradhara’s lawsuit must be dismissed because the U.S. District Court for the NMI lacks jurisdiction since Zajradhara has yet to exhaust the administrative remedies he is currently employing.

In CUC and Fletcher’s motion to dismiss, Lochabay pointed out that exhaustion of administrative remedies, where available, is a jurisdictional prerequisite to filing a lawsuit against a government agency or an action against an individual.

Lochabay said Zajradhara’s complaint alleges that he had filed a complaint with the U.S. Equal Employment Opportunity Commission and had received a right to sue letter.

The AAG said Zajradhara filed a second EEOC complaint that alleges many of the actions he is complaining about before the federal court.

Lochabay pointed out that this second EEOC complaint remains unresolved. In fact, the matter is still in the CUC administrative process and that no final decision has been rendered yet, he said.

In CUC’s separate response to Zajradhara’s lawsuit, CUC counsel James S. Sirok said the plaintiff has appealed his termination through CUC’s administrative process. He confirmed that the appeal process is still pending, with no final decision yet.

Fletcher has disclosed that Zajradhara was terminated for offering to sell illegal drugs to another person while aboard a CUC vehicle.

Zajradhara claims he was subjected to a hostile work place and is suing CUC, Fletcher, and 10 others for whistleblower/wrongful termination, intentional infliction of emotional distress, and violations of the Americans with Disability Act.

In the complaint he filed without a lawyer, Zajradhara is demanding payment of damages and court costs.

He said CUC initially hired him as a trades technician/operator in October 2012, but he was moved into various positions, including warehouse man, fuel handler, and troubleshooter for the Water Division.

He said CUC terminated him on Oct. 24, 2014, on the pre-textual ground of possession and conveyance of illegal drugs.