A HIGH Court judge has ruled in favour of a prison officer who first lost her job when the Public Service Commission (PSC) decided that she resigned in June 2007 because she failed to show up for duty for a year as she was on pregnancy leave.
The officer was eventually allowed to resume duty in April 2022 and on Thursday, the commission was ordered to compensate her for numerous breaches of her rights.
She will receive $3,446,744.54, minus all statutory deductions, as well as interest and costs.
The officer has been challenging the PSC’s decision for more than a decade.
“The claimant’s claim reveals a tale of her resilient and prolonged battle for justice. Her saga spans a 15-year period which involved several matters before both the High Court and the Court of Appeal,” Seepersad said in his ruling.
“This case is unique and highlights the unfortunate degree of dysfunction, which, with distressing regularity, defines the manner in which many service commissions operate.
“The case further highlights how ill-advised decisions effected by service commissions can have a material and adverse impact on the lives of employees who fall under its purview,” he added.
The woman joined the Prison Service in 2000, suffered a back injury and was absent from duty for extended periods between 2004 and 2006.
She became pregnant and tried to resume her duties three months after her daughter was born in June 2006.
She was told by a supervisor she could not resume her duties because she did not properly account for the periods of her absence.
She claimed that she submitted her sick leave and maternity leave certificates, but the PSC still declared that she had effectively resigned from her post, effective June 2007, as she was absent without leave between April 2006 to then.
She challenged the decisions of the PSC and in 2019, it was again ordered to reconsider her case after the Appeal Court held she was treated unfairly when the PSC introduced an issue relating to alleged non-compliance with the Maternity Benefit Act.
“The claimant was forced to challenge the decision to classify her leave and when faced with the prospect of this legal action, the State did a volte-face and reversed its decision,” the judge said.
She was then told she could resume duty in 2022 and sought compensation for the breach of her rights.
In advancing its position, the PSC admitted she was owed her salary as well as other benefits but said the prison service was advised to audit the sums owed to her. That audit, its attorney, Ian Benjamin, SC, told the judge, had started this month and was ongoing.
In his ruling, Seepersad was critical of PSC, saying the audit was “likely a delay tactic, designed to prolong the payment process.”
“It is this court’s view that the defendant must promptly pay the claimant the sum of $2,821,744.54 less all relevant statutorily mandated deductions such as NIS, PAYE and health surcharge deductions.”
Seepersad has, however, granted a 21-day stay of his orders, so payment will not be immediate but
