Derek Achong
Senior Counsel Anand Ramlogan is calling for the Public Service Commission (PSC) to be disbanded after his client emerged victorious in an almost two-decade legal battle over the commission’s decision to declare that she had abandoned her job after being absent for several months due to injury and pregnancy.
Ramlogan made the call yesterday, days after the United Kingdom-based Privy Council ruled in favour of his client, Favianna Gajadhar, in what should be the final lawsuit arising from her dispute with the commission over her termination.
In an unusual move on Monday, five Law Lords delivered their judgment upholding Gajadhar’s appeal after hearing submissions at the UK Supreme Court building in London, England.
Lord Leggatt, who delivered the Board’s ruling, was particularly critical of the commission’s conduct in the protracted litigation against Gajadhar, which resulted in her being awarded more than $3.5 million in compensation.
Lord Leggatt said: “The history of this case is a sorry one, which regrettably does no credit to the Public Service Commission of T&T.”
In a statement, Ramlogan said the commission had cost taxpayers millions of dollars through unfair and illegal decisions, including in Gajadhar’s case.
“It (PSC) has facilitated and perpetuated discrimination, victimisation, and oppressive conduct towards aggrevived public officers with legitimate grievances,” Ramlogan said.
“It serves no useful purpose because unfortunately, instead of being an independent safeguard to protect public officers, it is nothing more than a rubber stamp for unlawful conduct,” he added.
Ramlogan accused the PSC of turning a blind eye to discrimination and tacitly supporting unfair treatment by backing unjustifiable and indefensible decisions.
“It constantly shifts the goalpost for promotions and facilitates the manipulation of the promotion process to favour some to the detriment of others. This is wrong and must stop,” Ramlogan said.
He called on Prime Minister Kamla Persad-Bissessar to review the constitutional necessity, utility and function of the PSC.
He also called on the commission’s current members to resign immediately.
Gajadhar, who joined the T&T Prison Service in 2000, suffered a back injury and was absent from duty for extended periods between 2004 and 2006.
She became pregnant during that period and sought to resume her duties three months after her daughter was born in June 2006.
However, her supervisor prevented her from returning to work, saying she had not properly accounted for periods of absence.
Gajadhar maintained that she had submitted her sick leave and maternity leave certificates. However, the PSC declared that she had effectively resigned from her post, with effect from June 2007, because she had been absent without leave from April 2006.
Gajadhar filed a judicial review claim against the commission. The High Court and the Court of Appeal ruled in her favour and ordered the commission to reconsider its decision.
The commission reconsidered the matter in November 2017 but upheld its original decision on a different basis, citing an issue with Gajadhar’s maternity leave application under the Maternity Protection Act.
Gajadhar challenged that decision in another lawsuit, which was also upheld by the local courts.
The PSC subsequently reconsidered the case for a third time and reinstated Gajadhar in April 2022.
However, she was not paid her outstanding salary and benefits for more than 15 years. The PSC instructed the Commissioner of Prisons to classify her absence from duty.
The commission eventually accepted that Gajadhar was owed outstanding salary and benefits but maintained that payment would be made only after an audit was conducted.
In 2023, Justice Frank Seepersad ruled that the PSC had breached Gajadhar’s constitutional rights through its delay in paying her outstanding benefits.
The majority of the compensation awarded by Seepersad represented the salary and allowances she would have received had she not been improperly terminated by the PSC. She was also awarded significant compensation for breaches of her constitutional rights.
While the Court of Appeal upheld most of Seepersad’s findings, including those relating to compensation, it ruled that he was wrong to find that Gajadhar’s constitutional right not to be deprived of property without due process had been breached.
In determining the final appeal, Lord Leggatt found that the Court of Appeal should not have overturned Seepersad’s ruling on that issue.
He found that the Court of Appeal had erred in concluding that Gajadhar’s right had not been breached, based on the view that she became entitled to her salary and benefits only after her litigation had reached an advanced stage in 2021.
“The decision of the Court of Appeal was made on an erroneous premise,” Lord Leggatt said.
He noted that Gajadhar was entitled to her salary and benefits for the entire period during which she challenged the PSC’s decisions, all of which had been found to be unlawful.
“It is manifest that the salary was being held without due process as no disciplinary process had been followed,” Lord Leggatt said.
Gajadhar was also represented by Jodie Blackstock, Katie Lines and Jared Jagroo. The State was represented by Robert Strang and Camilla Hart.
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