Lawsuit dismissed

Ruby Thompson-Boddie and Lenore Harris, served four terms, or 16 years at the court.

Their tenure came to an end in 2010 and an extension, granted by the President, expired in April, 2011.

They alleged that the failure of the executive to advise the President to reappointment them, undermined the independence of the court and was unreasonable. Their application for judicial review was yesterday turned down by Justice Charmaine Pemberton.

Justice Pemberton, in her ruling, said appointments are made not based on a right of entitlement but is prescribed by the Industrial Relations Act, which sets out the process for the appointment of members to the court.

All judges of the Court are appointed by instrument of appointment by the President of the Republic of Trinidad and Tobago on the advice of the Cabinet, according to the Act. Justice Pemberton also noted that eligibility was not a precursor for legitimate expectation and dismissed arguments that there was a question of delay on the part of the executive.

“The defendants actions are hitched on certain steps,” she noted. Thompson-Boddie and Harris filed their lawsuit, after they were not recommended for reappointment. They also claimed Attorney General Anand Ramlogan failed to respond to a letter they sent in which they enquired as to their reappointment as judges of the Industrial Court.

Their letter indicated that if no reply was forthcoming, they would seek redress in the High Court. Michael Quamina and Michael Bullock appeared for Thompson-Boddie and Harris, while Russel Martineau SC, appeared for the State and Deborah Peake SC, for the Cabinet.