THE Public Services Association (PSA) has been ordered to pay its ex-president Watson Duke 50 per cent of his final salary when he was at the union’s helm as his pension benefit.
Duke scored a minor victory on June 28 when he obtained an interim injunction compelling the PSA to pay his pension benefit immediately until his lawsuit against the union goes to court.
Justice Frank Seepersad granted the interim injunction.
There will be a hearing of Duke’s substantive lawsuit on July 8, before the docketed judge, Justice Marissa Robertson.
Duke’s attorneys Farai Hove-Masaisai and Chelsea Edward filed his injunction application on June 27. They asked for an urgent hearing. In a certificate of urgency, Edwards said Duke had no other source of income, as he was now retired and looking towards his pension benefit.
She said, “The applicant’s/claimant’s financial reserves are quickly depleting and is now being threatened with legal action by financial institutions for the arrears in his loan payments.
“The applicant/claimant suffered significant financial losses as a result of the actions of the respondent/defendant in not only refusing to pay his pension benefits but also refusing to pay his legitimate pension benefits.
“If left without a pension the applicant/claimant is facing grave financial impecunity.”
In early June, Duke filed a lawsuit against the PSA over his pension.
Duke, who is also the political leader of the Progressive Democratic Patriots and a former THA deputy chief secretary, is seeking declarations that his rights and his contract of employment were breached by the refusal to pay his pension.
His lawsuit also maintained he was facing bankruptcy.
“As a result of the delayed pension payments, the claimant has been unable to meet his financial obligations, leading to unpaid debts and legal actions from creditors, including banks, over nonpayment of loans and credit cards.
“The claimant is now facing the imminent risk of being declared bankrupt by the courts due to his inability to pay his debts.
“If declared bankrupt, the claimant fears that he will be prevented from participating in the upcoming general elections…”
The Representation of the People Act disqualifies anyone declared bankrupt from holding office in a registered party.
“This would cause irreparable harm to the claimant’s political career and deprive the electorate of their choice of representative.
“The claimant, as the political leader of the PDP and a career politician, must remain free from bankruptcy to fairly compete in all upcoming elections in TT.”
Duke is seeking compensation of $729,833.33 as special damages and $25,166.67 as continued payment of his regular monthly pension benefits of two-thirds of his former salary, starting June 20.
He was the PSA’s president from November 2009-December 2021.
His lawsuit said the PSA’s general council passed resolutions to allow for the terms and conditions of employment of a president to be parallel to those of a permanent secretary in the Public Service.
It c
