Senior government officer granted court order to remain on the job

The Supreme Court today granted an order barring the Public Service Commission (PSC) from separating senior government employee Sandra Graham from her job at the Ministry of Science, Energy, Telecommunications and Transport on the grounds of redundancy or reorganisation.

Justice Yvonne Brown, after hearing an application in chambers from attorney-at-law Hugh Wildman, granted a 28-day injunction which will remain in force until the parties return to court on January 25.

Graham, who is the principal director of Corporate Services in the Ministry, is seeking an order that the decision to separate her from the public service is procedurally improper as the decision is in breach of section 125 of the Constitution of Jamaica.

She was informed that she was to leave office by January 1 next year.

The applicant contends that the decision was based on false allegations made against her by purported anonymous persons.

She referred to anonymous letters accusing her of hating Portfolio Minister Daryl Vaz and trying to bring down the Permanent Secretary. 

Graham said she has written to the Integrity Commission concerning her job and has reported threats she received to the police.

Carol Palmer, Permanent Secretary in the Ministry, who is Graham's immediate supervisor, is also named as a respondent.

Attorney-at-law Kamala Ruddock from the Attorney General's Chambers represented the respondents today.
Graham is seeking leave to go to the Judicial Review Court for an order of certiorari to quash the decision of the respondents to separate her from her job on the grounds of redundancy and reorganisation.

She has stated that the decision to remove her from the public service is based on vendetta and bad faith, based on contrived allegations.

On November 10, Graham said she received a letter stating that consideration was being given by the PSC for her to be separated from the public service on the ground of redundancy and or reorganisation on January 1, 2024.

She was instructed to show just cause why she should not be separated from the public service and that should be done in five days.

She said she immediately sought legal advice and through her lawyer Hugh Wildman wrote to the PSC.

A meeting was held on December 1 with representatives of the Office of the Services Commission and she was then informed that the PSC intends to carry out “its threat” of having her separated from the public service by the end of this year.

Graham states that she has acted promptly and her only alternative remedy is that of judicial review.

She pointed out in her application that on November 27, through her lawyer, she wrote a letter asking to be allowed to perform in another position of comparable standard but to date there has been no response.

The applicant states that she has 22 years of sterling service in the public service and has served as press secretary to two former Prime Ministers.

Graham is contending that she has been deprived of a fair hearing by the respondents, in particular the PSC, in proposing to remove her from the office without giving her full opportunity to make worthwhile suggestions to remain in the job.

- Barbara Gayle

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