Technical director at labour ministry wins first round in fight against alleged demotion
Published:Friday | April 28, 2023 | 5:27 PM
The Permanent Secretary in the Ministry of Labour and Social Security Collette Roberts Risden has been barred by a Supreme Court order from removing attorney Deborah Patrick Gardner from the post of Chief Technical Director for Labour in the ministry.
Patrick Gardner was on Friday granted leave to go to the Judicial Review Court in an effort to quash her alleged removal from her post by the permanent secretary.
Supreme Court Judge Lisa Palmer Hamilton heard the application and on Friday granted leave as well as injunctions in the applicant's favour, which will remain in effect until the matter is determined by the Judicial Review Court.
One of the injunctions bars the PS from taking steps to appoint any other person as Chief Technical Director for Labour. The other order bars the PS or any other authority from taking any further steps in any other manner whatsoever that adversely affect the status of Patrick Gardner, pending the determination of the case.
Patrick Gardner who is being represented by King's Counsel Carlene Larmond and attorneys at-law Harrington McDermott and Giselle Campbell, is alleging that the PS subjected her to unequal treatment under the law when she reassigned her to the Jamaica Productivity Unit.
She further contends that the PS created a hostile environment for her to ensure that she was blocked from performing the functions of her post.
The application for leave was opposed by Deputy Solicitor General Lisa White from the Attorney General's Department who is representing the PS.
Patrick Gardner had previously taken the Public Service Commission to court when steps were taken to retire her in 2016 at age 42 on the grounds of reorganisation. She was then principal executive officer in the government-run Court Management Services, which is now the Court Administration Division.
The Full Court ruled in 2018 that she was unlawfully retired and she was transferred to the Labour Ministry. The Full Court ruling was upheld by the Court of Appeal.
-Barbara Gayle
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