Judge blocks PSC from firing clerk

HIGH COURT Judge David Myers yesterday granted an interim order preventing the Public Service Commission (PSC) from firing a clerk attached to the Ministry of Labour and Small and Micro Enterprise Development.

The ruling means that St James resident, Kamaldaye Sagrim, will continue to be employed as a temporary Clerk 1 with the Ministry, pending the outcome of a judicial review scheduled to be heard in July 2004. Sagrim filed for judicial review of the PSC’s decision to terminate her employment at the ministry on December 31 over allegations of misconduct, without first taking disciplinary action against her. The matter is scheduled to be heard in July 2004.

In presenting the application for the order, attorney Elvis O’Connor contended that the PSC committed a breach of natural justice when they sought to terminate Sagrim’s employment without first taking disciplinary action against her. Sagrim has been on suspension since March 5 over the misconduct allegations. O’Connor pointed out that Sagrim has been employed with the ministry since March 26, 1999 as a Clerk 1 (leave relief). He explained that Sagrim was given several letters renewing her appointment as a temporary Clerk 1. However, the letters were not issued on time, they were always retroactive. O’Connor explained that the final letter, which was dated February 4, stated that her term of employment will continue from January 1, to December 31.

This letter, he explained, was sent to Sagrim about four days after the allegation of misconduct was made. O’Connor also pointed out that apart from the first letter, all the letters were sent late and were retroactive. O’Connor also told the court that after being employed in that position for four years, Sagrim should be treated like a permanent employee instead of a temporary one. Justice Myers then noted that the best thing to do under the circumstances was to preserve Sagrim’s employment. The judge then asked the attorneys to discuss the matter and come to an agreement on the issue of cost and an adjournment date.

When the attorneys returned, the court was informed that Sagrim would pay the State damages or other sums that may be ordered by the Court, if it arises that any sums should be paid. The judge then ruled that Sagrim continue her employment with the ministry and ordered that all the necessary affidavits and application for leave to amend be submitted by April 30, 2004. He pointed out that cost of application for the interim relief would be dealt with as cost in cause, which means that the party that loses the matter will be required to pay costs. O’Connor was assisted in the matter by Samantha Lawson and Joseph Ottley, while the PSC was represented by Assistant Solicitor General Krishendeo Narinesingh, Farah Ali and Pavatri Persad. The matter was then adjourned to July 2004.