‘Justice prevails’

Government has been ordered to pay out close to $700 000 to five education officers who were denied allowances from as far back as 2003, in a case that could impact others in similar positions.

In addition to finally getting the allowances due to them, those among the five who have retired will receive increased pension and gratuity while the others who are still employed will see a significant increase in their salaries from next month.

Their attorney Gregory Nicholls described the High Court decision as an example of “justice prevailing against all odds”.

In a recent ruling previously unreported in the media, Madame Justice Shona Griffith ordered Government to pay the sum of $682 080.95 in pensionable allowances due to education officers Vaneisha Cadogan, Pamela Hunte, Peggy Agard, Pauline Miller and Celeste Clarke-Cox, who in 2014 challenged the decision of the Ministry of Education to deny them the payments that they argued were due in accordance with Government policy.

The claimants named the Permanent Secretary in the Ministry of Education, who was represented by Senior State Counsel Nicole Boyce from the Solicitor General’s Chambers, as the lone defendant in the suit.

The pensionable allowance was designed to compensate teachers who had left their posts on promotion to the post of education officer, at a time when education officers were on the same salary scale as some principals.

After the 2003 regrading exercise in the public service, principals moved two grades higher than education officers, which the claimants argued represented a constructive demotion for them.

They also said the move meant that the ministry was unable to effectively maintain its supervision and monitoring of public schools because some principals were pulling rank on the education officers, based on their upgrade.

The five said they were entitled to the pensionable allowance, as they met all the relevant criteria, and the Ministry had wrongfully refused to pay them.

In addition to ordering payment of the allowances, Justice Griffith ruled that the pension and gratuity of the claimants who have retired will have to be adjusted upwards, while those who remain in the system will also have their salaries adjusted upwards from September 2022, by as much as $1 108.08.

The court also ordered interest on all of the amounts due to the claimants at the rate of 2.5 per cent from December 8, 2014, when the case was filed, until June 30, 2022, and thereafter at the rate of 6 per cent per annum on the reducing balance until payment is completed.

Their legal costs will also have to be paid by the Government.

“This is an example of ordinary people in Barbados standing for their rights against all odds and persevering,” an upbeat Nicholls told Barbados TODAY on Friday. “What this case represents is an example of the fact that most of the time, if not all of the time, justice eventually prevails.”

He added that while several other education officers were affected by the Ministry of Education’s decision, they had opted not to take legal action.

“There were some others who said they were not going to butt the system and challenge and, therefore, they sat down on their rights. This case is an example of justice prevailing against all odds.

“This case started in 2014 and it went through the court system for seven years. This is a matter I feel that if it had been litigated in a more efficient system we would have gotten a decision in this matter within a year or two,” the attorney added.

Asked whether those other education officers could now be compensated as well, Nicholls responded: “It would be a moral obligation for the State to treat everyone fairly.”

When contacted, president of the Barbados Union of Teachers (BUT) Rudy Lovell told Barbados TODAY he was not aware of the circumstances surrounding the case.

However, he said he hoped the teachers would receive their monies in a timely fashion, as he noted that a judgment secured by the BUT from Justice Griffith a year ago has not yet been acted upon.

“I hope Government honours the decision made by the court because, as with this case, the BUT would have received a favourable outcome in the term’s leave case and we are still waiting on a written judgment so that teachers can benefit from the court’s ruling. So I would hope that the Government respects the decision made by the court,” Lovell said.

The union boss was referring to Justice Griffith’s ruling in August last year that upheld the right of the BUT to be properly consulted about fundamental changes to terms and conditions of members’ employment.

The union, which was represented by Nicholls along with Jeriah Rock, had challenged the decision by the Ministry of Education to strip teachers of their entitlement to leave with full pay after 15 years, and after that, once every five years until retirement.

Without consulting teachers or their representatives, the Government had determined in 2016 that teachers would receive term’s leave only once after 15 years and again prior to retirement.

Justice Griffith upheld the Ministry’s right to make the change but tossed out the decision because it was made unilaterally.

randybennett@barbadostoday.bb