PBCJ ordered to reinstate dismissed finance and administration manager

The Supreme Court has ruled that Jermaine Spencer must be reinstated in his post as Finance and Administration Manager at the State-owned Public Broadcasting Corporation of Jamaica (PBCJ).

Justice Tara Carr made the order on Friday when she found that Spencer was fired from his job in contravention of the Constitution and the Public Service Regulations.

Spencer was formerly employed in the Office of the Prime Minister but, effective February 1, 2013, he was transferred on appointment to the PBCJ.

He was advised in a letter dated September 27, 2019 that his contract of employment was terminated with immediate effect. He appealed to the disciplinary tribunal of the PBCJ but was not successful.

He sought assistance from the Jamaica Civil Service Association and lodged an appeal with the Ministry of Finance. 

On being dissatisfied with the response from that ministry, he took the issue to the Ministry of Labour, which declined jurisdiction on the basis that he was a public officer. He next wrote to the Office of the Services Commission to clarify his status and was advised he retained his rights as a public officer, however, he no longer had a post at the OPM.

Spencer then filed a claim in 2021 in the Supreme Court against the PBCJ seeking his reinstatement and a declaration that his dismissal was in breach of the Constitution and the Public Service Regulations. He also sought an order of certiorari to quash the decision of the defendant.

Attorney-at-law John Clarke, who represented Spencer, submitted that the claimant was dismissed in breach of the law, therefore his dismissal was null and void. Clarke argued that the principles of natural justice were not followed by the defendant because Spencer did not have the benefit of an investigative report and was not given the opportunity to make representations before the decision was made.

Attorney-at-law Conrad George, who represented the defendant, had argued that the claimant had pursued his claim against the wrong defendant. He submitted that the proper defendant to the claim was the Public Service Commission which in error had determined that Spencer was not a public officer. George had submitted that the defendant was not an organ of the State.

However, attorneys-at- law Kristina Whyte and Karessiann Gray, instructed by the Director of State Proceedings disagreed with George. The attorneys represented the Attorney General who was an interested party in the suit.

The judge said she agreed with attorney Whyte that the defendant is a public authority and therefore can be found to be in breach of the claimant's rights under the Charter.

Justice Carr found that Spencer was dismissed from the employment of the defendant in contravention of the Constitution and the Public Service Regulations. “The decision to convene a disciplinary committee and to terminate his employment is therefore quashed,” the judge ruled.

“It is declared that the claimant is deemed to be a public officer within the meaning prescribed by Regulation 11(5) of the PBCJ Regulations 2002. An order of certiorari is granted quashing the decision of the defendant to terminate the employment of the claimant as the Finance and Administration Manager. It is declared that the claimant is entitled to his substantive position with all the benefits, privileges and rights of the position,” Justice Carr ordered. 

The defendant was ordered to pay Spencer's legal costs.

Attorney-at-law Zara Lewis, who also represented Spencer in his legal battle to get justice against the defendant, said today that she is grateful that Spencer has won his legal challenge.

-Barbara Gayle

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