The High Court has ordered Superintendent of Prisons Lieutenant Colonel John Nurse to pay damages to one of his own officers who was wrongfully passed over for promotion to orderly officer in addition to being unpaid for working in that post for six years.
The ruling, handed down by Mr Justice William Chandler since September 4, was in favour of Trevor Browne, president of the Prison Officers Association.
But Browne, who sued his boss as the first defendant and the Attorney General as the second, will soon return to the judge to request a contempt of court order against Nurse, claiming that up to today, he had not benefited from the court’s ruling.
“I will advise him to go back to the judge for a contempt of court order. That is what I am doing now,” consultant to the Prison Officers’ Association Senator Caswell Franklyn told Barbados TODAY this afternoon.
The court ruled that the Browne – the claimant – was entitled to be paid the salary of an orderly officer during the periods of time that he worked in that capacity.
“The claimant was wrongfully superseded by not being appointed to act in available posts of orderly officer between the period 4th April 2009 and 30th September 2015,” Justice Chandler ordered.
The High Court Justice also declared that Browne merits being appointed to the post of orderly officer whenever a post next becomes available at Her Majesty’s Prison Dodds.
He further ordered that the Prison Superintendent pay as damages the difference between the salary of an orderly officer and the lesser salary that he was paid for all previous periods that he worked in the post, but had never received.
Browne is also to be paid damages for the period he should have been appointed to act in available orderly officer posts, but was not so placed during April 4, 2009 and September 30, 2015.
“In calculating the claimant’s gratuity and pension, the period of 4 April, 2009 to 30 September, 2015 shall be treated as a period during which the claimant acted as orderly officer. The Superintendent of Prisons shall immediately take appropriate action to facilitate the claimant being apointed to act in a post of orderly officer by the PSC [Public Service Commission],” the High Court ruled.
Justice Chandler also ordered that the prison boss pay court costs to be agreed between the parties or be determined by the court.
When contacted today, Nurse was unavailable for comment.