Edith’s last hurrah

Despite being a stalwart and fearless advocate for the Nurses Association of Jamaica (NAJ), its former president, Edith Allwood Anderson, had to fight towards the end of her days to be fairly compensated by the organisation.

Allwood Anderson died on September 16 last year, 12 days before the Kingston and St Andrew Parish Court upheld her claim for unpaid salary.

The court ordered the NAJ to pay Allwood Anderson approximately $2 million for salary owing to her. The NAJ, which was the defendant, was denied leave to appeal the court’s ruling.

Attorney-at-law Bianca Samuels, who represented Allwood Anderson, disclosed last week that the NAJ eventually paid the award last month to the estate of the deceased.

The claimant was seriously ill in 2020 when she sought to recover salary and other payments owing to her as president emeritus of the NAJ. Allwood Anderson contended that she suffered financial embarrassment and hardship as a result of the defendant’s conduct.

Samuels said the claimant was owed far more than $2 million. However, the decision was taken to file the claims in the parish court in June 2020.

“Unfortunately, she passed away 12 days before being able to bask in her victory when both judgments were handed down against the NAJ on October 1, 2021,” Samuels told The Sunday Gleaner.

“She took the witness box in-between her dialysis sessions, like the true warrior she was in fighting for justice and adequate remuneration for the island’s nurses.”

Asked why she did not file the claim in the Supreme Court so that the claimant could get her full entitlement, Samuels, who is from the firm Knight, Junor & Samuels, said, “We explained to Mrs Allwood Anderson that her claim was within the jurisdiction of the Supreme Court. Being aware of the state of her health, however, we explained that she was not likely to get a trial date before 2023, which would have been best-case scenario in that court.

“We, therefore, presented her with the option of bringing her claim in the parish court and waiving the amount, which was in excess of the $1 million limit in the parish court. She was extremely practical about her decision to go to the parish court even though it meant she would have to give up over $800,000.”

The attorney added, “Though she had to be lifted up the stairs of the court in her wheelchair, though by reason of blindness she was unable to see what was taking place during the trial, she gave her evidence in the witness box with pride, eloquence and with her usual fire.”

HUMILIATING TREATMENT

Allwood Anderson had stated in one of the claims that she was conferred the title president emeritus of the NAJ in January 2008 and it took effect in 2010. She was the first nurse to have received that title. She was paid annual honorarium or compensation between January 2011 and 2014, but in 2015 the amount was reduced without her knowledge or consent. She sued for unpaid honorarium and breach of contract.

She contended in the other suit seeking damages for breach of contract in relation to unpaid salary, that between December 2015 and October 2016, the NAJ unjustifiably disbarred her salary and allowances. She said by oral agreement, she was employed by the defendant in 2011 to perform various tasks.

The express terms of the agreement stipulated that her duties included co-chairing of various committees of the NAJ and providing consultancy for various committees.

Allwood Anderson said the conduct of the defendant subjected her to humiliating, undermining and oppressive treatment.

She referred to times in October 2016 when her chair at the workplace was repeatedly removed without her knowledge or consent.

Parish Court Judge Alicia McIntosh, after hearing the matter, ruled in favour of the claimant.

Allwood Anderson, who died at the age of 66, worked as a nurse for 35 years before retiring. She served twice as NAJ president from 1997 to 2000 and 2005 to 2010.

editorial@gleanerjm.com