City Corp worker treated unfairly, rules judge

Justice Eleanor Donaldson-Honeywell ruled in favour of Joan Chee who, in 2016, was bypassed for promotion to the position of Acting Personnel and Industrial Relations Officer III.

Chee filed a judicial review claim against the Statutory Authorities Service Commission (SASC) contending that the commission acted irrationally and unreasonably when it appointed someone else to act in the position. She complained that the person who got the job never acted in the position before or held lower positions and that she (Chee) had the experience, qualifications and a recommendation of the chief executive officer for the promotion.

She also submitted staff reports which rated her performance as excellent and outstanding.

In a 26-page judgment, Donaldson- Honeywell ruled that the commission acted irrationally and in breach of Chee’s legitimate expectation that she would be promoted.

Chee began working at the corporation as a temporary Clerk I in 1978.

Donaldson-Honeywell said the commission failed to properly consider seniority, considered irrelevant factors and placed insufficient weight on others such as the CEO’s recommendations.

She also found that there was insufficient evidence that the SASC properly considered her long record of unblemished service, her excellent and outstanding performance during previous acting appointments, the fact that she was already serving in the personnel and industrial relations stream and appraised as eminently qualified for promotion.

The SASC’s decision was quashed and the court ordered that it reconsider Chee’s promotion in accordance with the findings of the court.

Chee was represented by attorneys Anand Ramlogan SC, Jayanti Lutchmedial, Kent Samlal and Douglas Bayley. The Commission was represented by attorneys Neil Byam, Karlene Seenath and Amrita Ramsook