The Grenada Public Workers’ Union (GPWU) duly informs that on Tuesday, 20 May 2023, a Committee set up by the Public Service Commission (PSC) to investigate a complaint on grounds of dismissal against a longstanding Public Officer concluded that “there was a failure by the Public Service Commission, to set out a charge against the Officer, “pursuant to Public Service Commission Regulations 1969, 74 and 88(2)(a) and or the Standing Orders, standing order 31.
“For this reason, there was no case made out against the Officer.”
The member first brought the matter to the attention of the Union on 7 March 2023, when the officer was directed by the PSC to proceed on Administrative Leave, pending response to a non-specific charge, by a given deadline. To date, the officer remains on Leave until 31 May 2023.
After submitting a response, the officer was placed on further Leave and was notified by the PSC of the intention to institute proceedings for dismissal according to SR&O 88, and that in light of the recent report about a “Leak from the Division of Youth, Sports and Culture of the Ministry of Education, Youth, Sports and Culture”, the PSC had decided to investigate the officer’s tenure as a public officer, dating back to 2007; a span of 15 years.
The matter was heard on 12 May 2023 before a Committee chaired by Justice Rosalyn E Wilkinson (retired) – Chairman, Mr Reginald Lord – Member (retired Labour Commissioner), and Mrs Aine Brathwaite – Member.
The GPWU member was represented by Attorney at Law, James Bristol KC., as the Union deemed it necessary to provide the best possible representation for our beleaguered member, given that the PSC was seeking specifically to ‘Dismiss’ the officer after 25 years of pensionable service.
As stated in the Committee report, “It is to be noted that it is only under regulation 88 that specific reference is made to the appointment of a committee for an inquiry, where for misconduct, consideration is being given to dismissal of an officer”.
The Committee, in its findings, also concluded that no particular or specific charge of misconduct described as required by regulation 88{2)(a) was provided by the PSC and that “The Committee must be mindful of exposing the officer to a situation of double Jeopardy”.
Regarding the infractions prior to 2023, Counsel for the officer raised the issue of waiver of the PSC’s right to at this time, to refer to those matters as over the course of the period and noted the commendation, note of appreciation, congratulatory letter, recommendations for promotions, acting appointments, and promotions on the officer’s personnel file. Mr Bristol KC also referred the Committee to Banning v. Wright (Inspector of Taxes) a197212 AX ER 987 for a description of a situation of ‘waiver’.
The GPWU congratulates the officer on securing their job and livelihood but takes this opportunity to once again remind its members and ALL public officers to take care to be guided in the conduct of your duties and professional life by SR&O 1969 and in particular, Regulation 31, that, “No public officer may, without the written approval of the Minister concerned, make public or communicate to the Press or to unauthorized individuals any documents, paper or information which may come into his possession in his official capacity, or make private copies of any such documents or papers.”
The Union also strongly advises officers to maintain vigilance in keeping personal personnel records and to remain knowledgeable with the contents of your personnel file (pf) as maintained by your ministry or department. The Union notes that to ensure vindication of the charge brought against them by the PSC, the officer was able to provide copies of letters and documents to the Attorney, which were not discovered on the personnel file at the PSC, and which were central in the officer’s defence.
The GPWU, without prejudice, remains committed to advocacy and sound representation in the best interest of our members, as we aim to safeguard livelihoods and better the lives of workers.
“In Unity Success is Assured.”
GPWU
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