Former senior employee at government ministry goes to court to get back her job

Former government employee Sandra Buchanan, whose post at the Ministry of Science, Energy, Telecommunications and Transport was abolished effective January 1, has filed an application in the Supreme Court seeking an order for her immediate reinstatement.

Buchanan, who was the Principal Director of Policy, Planning, Development and Evaluation at the Ministry, is contending in the application, which was filed yesterday, that her constitutional rights have been breached.

She is also seeking an order for leave to go to the Judicial Review Court to quash the decision to abolish her post.

Respondents in the claim are the Public Service Commission (PSC) and Permanent Secretary Carol Palmer, who was Buchanan's immediate supervisor in the Ministry.

Attorneys-at-law Hugh Wildman and Duke Foote are representing Buchanan.

Wildman said today that they are in the process of getting an early date from the court, particularly in regards to getting a mandatory injunction for Buchanan to be returned to her job.

Buchanan is seeking a declaration that the decision of the PSC to separate her from the public service with effect from January 1, as contained in a letter dated December 28 last year, is procedurally improper and in breach of section 125 of the Constitution of Jamaica.

She is also seeking an order of certiorari to quash the decision of the respondents to separate her from the public service on the ground of abolition of post.

She also contends that the action of the respondents to remove her from her job represents a wanton disregard of her right as a public officer as guaranteed under the Constitution.

She has outlined in her application that she has over 30 years' of service in the public service and was given a long service award in 2019 by the Governor General.

She was assigned to the post in the Ministry in 2017.

Buchanan said she was informed in a letter dated November 10, 2023, that consideration was being given for her separation from the Ministry and also that the Ministry of Finance and the Public Service had approved a structure for the newly established Ministry where she was employed and several positions were not retained, including her job.

The letter stated that Permanent Secretary Palmer had submitted her name and particulars to the Office of the Services Commission for redeployment in the wider public service or otherwise.

It was further stated that if a suitable position was identified before January 1 then it would not be necessary to proceed with Buchanan's separation.

On December 28, 2023, Buchanan stated that she received a letter informing her that, acting on the advice of the PSC, the Governor General had given approval for her to be separated from the public service on the ground of abolition of post.

She was advised in the letter that she will be paid terminal benefits pursuant to the Employment (Termination and Redundancy Payments ) Order 1971.

Buchanan says a cell phone, keys, and her health card were taken from her when she was served with the letter on December 28, 2023.

She contends that she has acted promptly and there is no alternative remedy to that of judicial review.

- Barbara Gayle

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