Appeal Court rules Service Commissions are not ‘employers’

“The authorities are clear that constitutionally the Service Commissions are not employers,” the judges held.

Justices of Appeal Nolan Bereaux, Judith Jones and Peter Rajkumar were asked by the Director of Personnel Administration (DPA) to determine whether High Court Justice Ronnie Boodoosingh was correct to rule that the commissions fall under the anti- discrimination law.

In his ruling, Justice Boodoosingh held that commissions ‘cannot simply say they are not employers for the purposes of a complaint under the Act when they are clearly considered as part of the State.’ The Service Commission referred to in the appeal were the Public Service Commission, the Police Service Commission and the Teaching Service Commission.

In a written ruling delivered yesterday by Justice Rajkumar, the three judges unanimously agreed that Service Commission were not employers as they were not parties to any contract of service.

“It is not necessary to find that the Service Commissions must be construed to be ‘employers’ for the purpose of the EOA (Equal Opportunities Act),” they held.

While noting that certain functions were vested in the autonomous and independent Service Commissions and performed on behalf of the executive arm of the State, the judges said for all practical purposes Service Commissions were already subject to the jurisdiction of the EOC and the Equal Opportunities Tribunal.

Rajkumar noted also that nothing precluded the State from being held accountable to the EOC for discrimination by the Service Commissions.

“This conclusion is reinforced by the fact that the Act binds the State which is defined to expressly include the Service Commissions.