tag:blogger.com,1999:blog-32060070.post5233488571324451104..comments2024-03-28T10:14:04.854+03:00Comments on Gathara's World: Not On His Watch?Gatharahttp://www.blogger.com/profile/05615274760892257015noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-32060070.post-59874378757542882732009-08-14T03:36:32.973+03:002009-08-14T03:36:32.973+03:00In the pleadings, a copy of which Daily Monitor ha...In the pleadings, a copy of which Daily Monitor has obtained, Ms Zirintusa further says that Ms Whitaker violated various provisions of the US Fair Labour Standards Act, D.C. Payment and Collection of Wages Law, and D.C. Minimum Wage Act by failing to pay her the minimum wage and overtime fee to which she was entitled for the domestic services she provided Ms Whitaker and her friend Ms Pauline Harris. <br /><br />Ms Whitaker worked as the assistant U.S. trade representative for Africa under President Bill Clinton, and during the early years of Mr George W. Bush's presidency. <br /><br />In that job, she "developed and implemented the African Growth and Opportunity Act and other bilateral and multilateral trade policy initiatives towards Africa". <br /><br />When she left the trade representative's office, Ms Whitaker founded The Whitaker Group, a consultancy firm that advises several African countries, including Uganda, on international business issues. <br /><br />The Whitaker Group officials were recently in Uganda pushing for increased production of organic cotton to make apparel for the American market. <br /><br />In her defence, Ms Whitaker argues that Ms Zirintusa could not sustain her claims because she was not legally permitted to work in the United States. <br /><br />She also argues that her accuser is not entitled to overtime pay under either federal or Washington D.C. law because Ms Zirintusa lived in her employer's home - in this case Ms Whitaker's home. <br /><br />Ms Whitaker bases her defence in part on the Immigration Reform and Control Act (IRCA) which makes it illegal for aliens to sue for breach of contract. In its ruling, however, the judge allowed Ms Zirintusa to proceed with the suit. <br /><br />The court stated that nothing in IRCA prohibits undocumented workers from asserting their labour rights under the US Fair Labor Standards Act. <br /><br />The court also ruled that Ms Whitaker acted fraudulently when she "made material misstatements of fact" in January 2003, September 2003, and July 2004. <br /><br />The court found that Ms Whitaker falsely promised Ms Zirintusa that if she accepted her offer of employment, the American lobbyist would provide payments for the care and support of the accuser's family in Uganda. <br /><br />According to the court's ruling, Ms Whitaker made these representations knowing they were false and Ms Zirintusa reasonably relied on the misstatements to sell her possessions at a significant loss and leave her family in Uganda to work for Ms Whitaker in the United States. <br /><br />"The Court finds that these facts are sufficient to overcome a motion for judgment on the pleadings," reads part of the January 3, 2007 ruling. <br /><br />Ms Zirintusa, who once worked as a catering officer at State House Nakasero, arrived in the United States on August 18, 2004 on a student visa. <br /><br />On the issue of unjust enrichment, the court held that Ms Zirintusa proved that Ms Harris had received a benefit at Ms Zirintusa's expense by accepting domestic services without paying for those services. <br /><br />Ms Zirintusa, who still lives in the United States, is now demanding full compensation for the value of the services rendered. <br /><br />The court is yet to set a date to hear the Ugandan's compensation claims against Ms Whitaker. Efforts to reach both women for further comment were unsuccessful. <br /><br />President Museveni's press secretary said he was not aware of the case. "If it is true that there was an employment agreement," Mr Tamale Mirundi said, "then that lady has a right to sue."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-32060070.post-43826235108111326522009-08-14T03:36:11.647+03:002009-08-14T03:36:11.647+03:00Ex-Museveni Maid Sues Whitaker
An American advis...Ex-Museveni Maid Sues Whitaker <br /><br />An American adviser to the NRM government on trade and investment has lost a preliminary appeal in a U.S. court to dismiss a fraud case filed against her by her Ugandan housemaid. <br /><br />Ms Idah Zirintusa, a former State House employee, sued Ms Rosa Whitaker in the United States District Court for the District of Columbia for fraud, unjust enrichment, and illegal interference with her earlier contract with State House. <br /><br />Ms Zirintusa alleges in court papers that Ms Whitaker entered into a three-year oral employment contract with her promising four times the wage she earned in Uganda, full tuition at an American college, food, and shelter. <br /><br />It is further alleged that Ms Whitaker promised Ms Zirintusa to make separate payments to support her family in Uganda.Anonymousnoreply@blogger.com