Gafoor can collect driver’s pay

Vice President of the Industrial Court Gladys Gafoor was yesterday told that she is entitled to have her chauffeur’s allowance paid directly to her if she so wishes since the allowance comes with the office.

This was the ruling of Justice Mira Dean-Armour, following an application by Gafoor for Judicial Review against the decision of the Registrar of the Industrial Court not to pay the allowance directly to her but to her driver, Herbert Bahadoor. However, Justice Dean-Armour also suggested that for purposes of good administration, it would be necessary for Gafoor to make her preferences clear to the Registrar, so that the relevant accounting procedure could be followed in respect of that office-holder.

In finding in favour of Gafoor, the judge also ordered costs be paid fit for two lawyers, by the Registrar. Justice Dean-Armour said that she was not persuaded by arguments that the chauffeur only bore the label of the employee of the office-holder and is in fact the employee of the State. She found no evidence that the State controlled the terms and conditions of service of the chauffeur. On the contrary, she found there was every indication that the selection of a chauffeur and other terms such as those relating to discipline, sick leave, vacation leave and hours of duty are left to Gafoor.

Further, the State, the Ministry of Finance circulars of 1995 and 1998, had specified the quantum of the allowance. “There is however, nothing to prevent the office-holder, as employer, from varying the basic salary by increasing it when circumstances require,” Justice Dean-Armour said.   But by contrast, such an increase would be wholly inappropriate, and may even be regarded as a form of corruption, where the chauffeur or other support staff is appointed by the Public or other Service Commission, observed the judge. Gafoor was represented by attorney Russell Martineau SC and Rikki Harnanan, while the Registrar was represented by Neil Byam.