ST. GEORGE’S, Grenada, Aug 14, CMC – A High Court has ordered the Grenada government to pay thousands of dollars in compensation to a former contracted public officer who was fired in October 2022, three months after the National Democratic Congress (NDC) came to office.
“As it stands, based on the documents before the court, no reasonable cause for the removal of the claimant has been demonstrated by the defendants, in breach of Section 88(2) of the Constitution,” the High Court ruled.
“The unilateral termination of the claimant’s contract without cause, or if there was cause according to the judgment posted on the website of the Eastern Caribbean Supreme Court (ECSC) this week.
Former legal officer, Laren Kay Simon, had filed the matter which was heard by Justice Agnes Actie, against the Attorney General as first defendant and the Judicial And Legal Services Commission as the second defendant.
Simon, who was represented by attorney Ruggles Ferguson, sought declaratory reliefs, aggravated and exemplary damages consequent upon the termination of the claimant’s contract with the Government of Grenada in breach of Section 88 of the Constitution of Grenada.
Simon was first contracted by the government for the period December 1, 2019 to November 30, as a Legal Officer assigned to the Attorney General’s Chambers. On the 18th February 2021, she entered into a second contract that was due to end on November 30, 2023, in the same position.
Her contract was signed the Permanent Secretary, Ministry of Legal Affairs and formalised on February 22, 2022 by the Governor General of Grenada, Dame Cécile La Grenade, acting in accordance with the advice of the second defendant, the Judicial and Legal Services Commission for a period of two years with effect from 1st December 2021.
However, on October 24, 2022, the Permanent Secretary of the Ministry of Legal Affairs, Anna Brizan, purported to terminate Simon’s services with immediate effect on the ground that her services were no longer needed.
Simon was paid one month service fee in lieu of notice, as well as her service fee for the month of October 2022. She was instructed to deliver all property relating to the business of and belonging to the Grenada government.
On February 20,2023, Brizan, informed Simon that the letter of 24th October 2022 was cancelled and withdrawn. But she received a second letter issued under the hand of the Governor General which informed her that her contract was terminated with immediate effect on the recommendation of the JLSC.
Simon was also informed that she would be paid the service fee under her contract up to and including the month of March 2023.
But Simon on August 21 last year filed a constitutional motion seeking declarations that the purported termination as Legal Officer with immediate effect by the Attorney General, through the Permanent Secretary Ministry of Legal Affairs and further by the Governor General, by letters dated 24th October 2022 and 20th 5 February 2023 contravened Section 88(2) of the Constitution of Grenada and accordingly is null, void and of no effect.
She also sought payment for the unexpired term of her contract for the period April to November 2023, damages for distress and inconvenience arising out of the arbitrary, unlawful, improper and unconstitutional dismissal together with aggravated and exemplary damages and costs.
In her ruling Justice Actie agreed that the termination of Simon contravenes Section 88(2) of the Constitution of Grenada and is null, void and of no effect and the defendants shall pay thousands of dollars to Simon.
“The defendants shall pay the claimant the fees for the unexpired term of her contract with the Government of Grenada, for the period April to November 2023, inclusive with interest at the rate of three per cent from the date of filing the claim until judgment and at the rate of six per cent from the date of judgment until payment in full.
“The defendants shall pay the claimant vindicatory damages in the sum of EC$20,000.00 (One EC dollar=US$0.37 cents)for distress and inconvenience,” the judge ruled.
CMC/ls/ir/2024