THE Supreme Court can deal with disputes relating to appointments, transfers or promotions of civil servants.
This was the ruling of Justice Frank Seepersad in a virtual hearing on Monday when he dismissed a construction summons brought by the Public Service Association (PSA). The trade union wanted to have a special tribunal of the Industrial Court hear disputes relating to appointments, transfers or promotions of civil servants, rather than the Supreme Court.
Justice Seepersad said the issues raised by the PSA as exercised by the Public Service Commission (PSC) were separate from the functions of the Personnel Department to deal with terms and conditions of employment and the special tribunal of the Industrial Court.
The PSA also asked the court to interpret Section 14 of the Civil Service Act to determine if a special tribunal had jurisdiction to hear and determine trade disputes arising from appointments, transfers and promotions of civil servants.
The judge was also asked to determine if the words “any grievances” referred to all grievances civil servants may have with their terms and conditions of employments, in particular the three issues it raised.
Justice Seepersad said, “The power exercised by the PSC to appoint, transfer or promote a civil servant is distinct and separate from the functions discharged by the Personnel Department to establish the terms and conditions of employment under the Act or from the authority of the Special Tribunal to determine the matters primarily in relation to the said terms and conditions of employment as set out under the Act.
“In addition the term ‘any grievance’ has to be limited to the language and scope of Act and does not include all grievances of a civil servant and in particular does not include issues which relate to the appointment, transfer or promotion of a civil servant.”
Attorneys Lloyd Elcock and Gorgonia Auguste represented the PSA, while Amrita Ramsook and Karlene Seenath represented the Chief Personnel Officer and Nadine Nabie and Michelle Benjamin represented the PSC.
