THE state has been ordered to pay $250,000 in compensation to senior public servant Marsha Ramlal for a 16-year delay in classifying her leave.
Justice Frank Seepersad issued the order on Monday, citing significant breaches of Ramlal’s rights.
Ramlal, a former health and safety officer with the Labour Ministry’s Factories Inspectorate Unit, faced undue delays that impacted her career trajectory.
She was appointed to a position at the Ministry of Energy and Energy Industries five years after the Public Service Commission (PSC) made the decision, which affected her seniority and pension benefits.
Justice Seepersad awarded Ramlal $150,000 for the impact on her pension and an additional $100,000 in vindicatory damages.
He criticised the Ministry of Labour for failing to deliver her appointment letter promptly, describing the delay as egregious and calling for public outrage over the maladministration.
The court found that Ramlal had been left uninformed about her continued tenure in the public service, despite assurances from the Labour Ministry that her contract positions would not disrupt her service record. This lack of transparency forced Mungal to seek clarity through multiple FOIA applications and threats of legal action.
Justice Seepersad condemned the State’s conduct as a serious breach of statutory duty and said there was the need for immediate public-sector reform to address the inefficiencies and outdated practices within governmental agencies.
He said, “The Claimant’s right to protection of the law was breached and in the circumstances, a declaration alone would not suffice.
“The Claimant lost the option to move to the MOE&EI from 2015 and the substantial and unexplained delay with respect to her notification, materially altered and affected her career path. If the Claimant had been notified and had she assumed her position at the MOE&EI her seniority and eventual entitlements at the said Ministry would be very different from what they currently are.
“Having regard to the Section (4) (b) breach which occurred, the delay which transpired with respect to the Claimant being notified that she had been appointed to the MOE&EI and having noted the impact which this delay occasioned to her seniority as well as the resultant effect on her career progression and her pension benefits under the Pension Act, this Court holds the view that the sum of $150,000 would serve as adequate compensation
“This unexplained delay, with respect to the Claimant’s notification, has instilled significant disquiet in the Court’s mind and the maladministration which has been revealed must attract and reflect public outrage. The delay was egregious and the importance of the right to protection of the law must be emphasised. In the circumstances, the Court holds the view that the sum of $100,000 should be awarded as vindicatory damages.”
