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Court dismisses appeal to have PSC included as a party in lawsuit

This story was posted 1 year ago
23 April 2021
in Business, Law
2 min. read
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by Linda Straker

  • Missing workdays deducted from salary of civil servants who engaged in industrial protest
  • Schoolteacher seeking to have her docked salary returned
  • OECS Court of Appeal has ordered that PSC be removed as a claimant

More than 2 years after the matter commenced in the High Court of Grenada, the OECS Court of Appeal has ordered that the Public Service Commission (PSC) be removed as one of the claimants in the case filed by schoolteacher Donnelle Marcelle Lusan who is seeking to have her docked salary returned.

At the end of November 2018, the Keith Mitchell administration made good on its declaration to deduct missing workdays from the monthly salary of civil servants who engaged in industrial protest earlier in the said month by withholding their labour for nearly 2 weeks over a pension and gratuity dispute.

At the time, a memorandum from the Cabinet Secretary to all Permanent Secretaries and Heads of Department including the Chief Personnel Officer instructed that there should be deductions for teachers who stayed off the job on 5, 7, 13 and 14 November. For Public Workers Union membership, the instructions were for 13 and 14 November.

At the time some teachers and public officers were deprived of more than EC$1,000 of their salary for the month of November 2018.

Lusan, a secondary school teacher, through an attorney from the law firm Justis Chambers filed a matter in the court seeking the return of the removed portion of the salary. Among the parties named in the lawsuit was the Public Service Commission. The Commission is the body mainly acknowledged by the Constitution as having responsibility for the hiring and firing of public officers. It sought the Court’s permission to have its name removed as a party in the matter.

The High Court supported the PSC request but the attorney for Lusan appealed to the OECS Court of Appeal. On 16 April 2021, the court dismissed the appeal. This, therefore means that the PSC will be removed from the case and the matter proceeds to a trial.

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Tags: donnelle marcelle lusanjustis chamberslinda strakeroecsoecs court of appealpublic service commission
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Comments 2

  1. Bernard Charles says:
    1 year ago

    WE DAMN MONEY:

    We damn money!
    Welcome to our dysfunctional family: “Pure Hostility”
    Mr. Revolution and Mrs. Invasion:
    Here are some children and grandchildren’s off-spring – from your rebellion:
    Immoral Jr, Disobedient, Arrogant, Opportunist, Divisive, Antagonist, Mischief and Disrespect Sr
    Everyone wants to be Prime Minister.
    We may not be the “Holy Land” but we have the “Blessed Soil”.
    So what are you doing about it?
    Good debt as opposed to bad debt – “we are not interested”
    Capital Expenditure; Recurring Expenses – who cares?
    You have; you don’t have
    Give us we damn money!
    St. David, St. John and St. Patrick – Jab, Jab will occupy the streets,
    We are not afraid of your police; we are not afraid of the “SSU”.
    Covid – 19 spreading all over the world, millions are dying…
    But just like Daniel in the lion’s den – We shall survive.
    Stop the ambitious developments, or make them small, small, small – so we can’t see them.
    Bring on a snap Election, because you have been there too long…
    We work; we don’t work –
    Unemployed People: Take it from the top
    We damn money!
    Are you deaf! Or your ears bend?
    ‘Absolutely not’ – all and sundry needs urgent counseling, and professional help.
    Be good citizens; be patriotic – Grenada, Carricou and Petite Martinique.
    I love you, without reservation; we should love our country, unconditionally.
    May God bless our nation.

    By: Bernard Charles.

    Reply
  2. Gillian Johnson Baptiste says:
    1 year ago

    Hmmm the Almighty and just God is wide awake!

    Reply

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