Pay up!
Published:Wednesday | August 4, 2010 | 12:00 AM
Barbara Gayle, Staff Reporter
Supreme Court Justice Roy Anderson has labelled as disrespectful or indifferent Government's approach in refusing to pay monies due to members of the Island Special Constabulary Force (ISCF).
Anderson, in handing down a 41-page ruling yesterday, said Government must honour its agreement to pay the policemen the seven per cent increase due in the second year of the 2008-2010 wage period.
The Island Special Constabulary Force Association (ISCFA) had taken the Government to court last year after the Bruce Golding administration said it was unable to pay increases due to public sector workers as a result of adverse economic climate.
Yesterday's ruling would therefore have implications for payments due to all public-sector workers.
Anderson granted the declaration which the members were seeking, that the heads of agreement entered into between the ISCF and the Government on October 3, 2008 for the contract period April 1, 2008 to March 31, 2010 is binding.
Should have been advised
In his ruling, the judge said the least that should have been accorded the claimants if the Government was seeking their cooperation was to advise them of the economic situation, and this could have avoided the issue in court.
The judge said little effort was made in communicating the Government's difficulties to them or proffer alternatives for discussion. He said this failure to engage the claimants in a meaningful way at best showed an indifference and at worst a disrespect not only to the claimants but at the process by which the heads of agreement had been arrived at.
The judge, however, did not grant the other declarations which the ISCF members were seeking, one of which was that interest should be paid on the amount owing to them at the rate of Government of Jamaica bonds.
No time frame
Attorney-at-law Christopher Townsend, one of the lawyers who represented the ISCFA, said yesterday that no time frame was given in the judgment as to when the money should be paid, but he expected that the Government would act in accordance with the ruling of the court and do so speedily.
Attorney Jacqueline Samuels Brown also represented the ISCFA.
The parties had entered into an agreement in 2008 that the Government would pay the ISCF members a 15 per cent increase for the first year and a seven per cent increase in the second year.
The salary increase was paid for the first year but the dispute developed between the parties over the pay increase for the second year.
Government lawyer Lackston Robinson had argued that the Government agreed that the money was owing but was not able to pay now because of economic conditions.
Legal costs were awarded against the Government.