Court rules on compensation for six BIDC WORKERS sent on retirement unlawfully

Government has been ordered to pay just under $900 000 in damages to six former Barbados Investment and Development Corporation (BIDC) employees and the estate of a colleague, who were forced into early retirement over six years ago.

Madam Justice Jaqueline Cornelius handed down the decision in Supreme Court No. 13 on Friday morning.

The monies are to be paid to David Parris, Elizabeth Moseley, Loreen Taylor, Rosalind Cumberbatch Dianne Jack Wiltshire, Angela Haynes and the estate of Maharley Babb and range from just under $50 000 to just over $280 000.

The sums to be paid cover the period from January 1, 2018 to the dates of the claimant’s compulsory retirement – as agreed between the claimants and the defendants – and sent to the Court in the agreed schedule of pecuniary (monetary) loss.

Justice Cornelius said interest on the individual sums, which total $895 935, will attract the usual rate of six per cent per annum until payment.

The former workers were among 13 employees, ten of whom were over 60, forced to retire by the BIDC. The remaining six did not join the lawsuit against their former employer.

Today’s award of damages Barbados TODAY understands is the largest that a Court has given in an application of judicial review since the Administrative Justice Act was passed in 1983.

Justice Cornelius also ruled that within 14 days costs for the claimants should be determined in a costs hearing.

The defendants were represented by Leslie Haynes Q.C. and Monica Crichlow, a legal officer at the BIDC.

In December 2017 the judge, Madam Justice Jaqueline Cornelius ruled that the decision by the BIDC to force the workers, who had all reached age 60, into compulsory retirement was unlawful, null, void and of no legal effect.

The same was said of the decision of the Accountant General, the officers of the Treasury Department, the Auditor General, other public officers and Government authorities to process and calculate or purport to do so, the gratuity and pensions due to the claimants.

Attorney-at-law Gregory Nicholls who represented the seven ex-BIDC employees along with counsel Bryan Weekes and Janice Brown told Barbados TODAY their clients were “elated and vindicated” by the court’s decision.

“From day one they thought they were wrongfully [dismissed] and brought this action against the sceptre of not having a salary or monthly pension or benefit made to them since 2015. My clients have had to undergo the ravages of not having any income coming in since 2015.

“So they feel vindicated. This decision was given by the court in 2017 and it has taken a long time for them to be able to reap the rewards of their toil in the court system and I want to applaud them for their steadfastness in sticking with the just and righteousness of their cause. At this stage, I feel that justice has been done. It has been a long time in coming but this is how our system works and my clients have been patient,” Nicholls said.

He continued: “During the course of these proceedings they have come to the age of retirement. They were retired by the BIDC in 2015 and challenged the lawfulness of their retirement and in 2021 the court has vindicated their position to say that they have been unlawfully retired and that they are entitled to almost $900 000 cumulatively in damages.

“I don’t think that there is any reason for them to feel other than elated and happy that this saga has been brought to an end,” Nicholls added.

During today’s ruling the court apologized for the delay in the delivery of the judgement. (fernellawedderburn@barbadostoday.bb)