OMBUDSMAN Rajmanlal Joseph lamented that it took 14 years for $40,000 compensation to be paid for a woman's workplace injury.
Sadly by the time of the award, the woman was dead so the compensation went to her estate.
This was revealed in a case study titled, 14 years too late, in the 44th Annual Report of the Ombudsman (2021) laid in the House of Representatives on March 22 by Deputy Speaker Esmond Forde.
"Ms C’s complaint stemmed from injuries sustained on October 24, 2007, when she allegedly slipped and fell on the job injuring her back, left foot and head.
"This occurred while employed as a temporary registration clerk I at the Elections and Boundaries Commission’s (EBC) Registration Office for Arima/Piarco."
Five days after the incident, she reported her matter to the then acting CEO enquiring “as to how it will be treated considering that it occurred on the job.”
Not getting a response, she sought the Ombudsman's help a month later on the EBC's failure to address her claim of being injured on the job.
In January 2008, the Office of Ombudsman wrote to the CEO about Ms C’s complaint and requesting a response.
"Although numerous correspondence passed between both offices over the years, there was still no resolution of this matter.
"It was not until 2014 that this office learnt that the matter was referred by the EBC to the Solicitor General for determination."
The referral was made under Item 6 of the Personnel Department Guidelines for the Administration of Devolved Functions – Injury Benefits which states: “In order to determine Government’s liability, if any, the matter should be referred to the Solicitor General for determination.”
The report said the Office of the Ombudsman made several attempts from 2014, including writing directly to the Solicitor General about the issue of liability and compensation in Ms C’s matter. "These attempts were unsuccessful as the Solicitor General failed to respond to any of the queries made by this office."
By September 2021, having found the delay into this long outstanding matter to be "unconscionable," Joseph decided to summon the Solicitor General to give evidence on the complaint on October 6, 2021, but the hearing was no longer needed after the Ombudsman's Office learnt the Solicitor General had given the EBC the requested legal advice on October 4, 2021, two days before the hearing date.
"The Office of the Ombudsman was informed that a recommendation was made by the Solicitor General for 'the grant of an ex-gratia payment, in the sum of $40,000' to Ms C to which the EBC agreed to fulfil.
"Unfortunately, this office learnt of Ms C’s passing on June 23, 2021. It was agreed, however, that payment would still be made to her estate subject to the approval of Cabinet." The report lamented this tardiness.
"It is a disheartening fact that Ms C’s plight fell on deaf ears which resulted in a resolution coming 14 years too late."
The report said such situation
