Civil servant gets go ahead to challenge separation from her job

An application was today granted in the Supreme Court paving the way for senior government employee Sandra Graham to go to the Judicial Review Court to challenge her separation from her job on the grounds of redundancy or reorganisation.

An injunction was also granted which will allow Graham to remain on the job until the motion seeking to quash the decision is determined by the court.

Justice Tania Mott Tulloch Reid made the orders in chambers after hearing submissions from the attorneys representing the parties.

Graham, who is the principal director of Corporate Services in the Ministry of Science, Energy and Transport, is being represented by attorneys-at-law Hugh Wildman and Duke Foote.

She is seeking an order that 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 states in her affidavit that the decision to remove her from the public service is based on vendetta and bad faith which stem from contrived allegations.

Graham, who has 22 years of service in the public service, was issued with a letter on November 10 last year informing her that she would be separated from the public service on the grounds of redundancy or reorganisation, effective January 1.

The Defendants are the Public Service Commission and Permanent Secretary Carol Palmer.

The judge did not grant an application for Palmer to be removed as a defendant from the case.

Attorney-at-law Lisa Whyte from the Attorney General's Chambers is representing the defendants.

Whyte applied for leave to appeal today's order for the case to go to the Judicial Review Court but the judge refused to grant the application.

-Barbara Gayle

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