Judge rules Williams treated policeman unfairly

Justice Ricky Rahim found that Ashram Pariagsingh, a retired corporal with over 37 years service, was entitled to reasons after his leave was suddenly reclassified as nopay leave after almost three years.

Rahim said Williams’ conduct was an affront to the principles of natural justice.

Pariagsingh was assigned to the La Brea Police Station when, on May 8, 2012, he slipped and fell on the wet floor at the back of the station.

His lawsuit claimed the area was slippery because of a leaking PVC pipe. He said he suffered serious injuries to his back.

According to his lawsuit, the Human Resources Department of the Police Service classified his sick leave as injury leave with pay.

Three years later, however, Williams reversed that and classified Pariagsingh’s leave as extended sick leave with no pay.

He also told Pariagsingh he would have to repay all the salaries and benefits paid to him from May 2012 to March 2016.

Pariagsingh said he is unable to work and was shocked and disappointed as he did not have any money to make such a massive retroactive payment. He said Williams was threatening to deduct these sums from his gratuity and retirement benefits which meant he would have no financial cushion in his later years.

Faced with mounting medical bills and this bleak prospect, Pariagsingh’s attorney Anand Ramlogan, SC, wrote to Williams asking him to reconsider his decision on the ground that it was harsh, oppressive and unfair.

Ramlogan demanded that Williams provide a statement of reasons to justify his action, but he refused to do so and a claim for judicial review was filed.

Rahim found that Williams had a duty to perform his function in accordance with the principles of natural justice and was under an obligation to provide reasons, especially as Pariagsingh was now suddenly faced with having to repay a large sum of money.

Pariagsingh was also represented by Kent Samlal and Douglas Bayley, while Williams was represented by Niquelle Granville and Laura Persad.