Court orders gov’t ministry to review former employee’s appraisal

The Judicial Review Court has granted an order compelling the Ministry of Economic Growth and Job Creation to take all necessary steps to conclude or complete, within three months, the review exercise of the appraisal for its former senior legal officer, Kerrie-Ann Dryden.

Justice Simone Wolfe-Reece heard the matter and, in granting an order of mandamus on July 27, said, “I find that there was a need for expediency to be employed by the employer, especially having regard to the fact that there had already been a delay of about five years in completing the assessments for 2016 to 2021.”

Last year, Dryden filed a claim in the Supreme Court seeking judicial review of the failure of Permanent Secretary Audrey Sewell in that ministry to review her performance evaluations for the period 2016 to 2021.

Dryden, who was represented by attorney-at-law Analisa Chapman, claimed that the failure to review affected payment of increments due to her in accordance with the requirements of the Public Service Regulations and the government’s public policy procedures.

The claimant began working with the public service in 2005 and, during the 17 years, held several posts as legal officer. She stated that her post as senior legal officer had acquired pensionable status.

As senior legal officer, she said she had a direct reporting relationship with the permanent secretary. She asserted that the Performance Management Appraisal System (PMAS) was the medium of evaluation of staff and the permanent secretary failed to initiate the process in accordance with the requirements of the PMAS framework.

The PMAS process recommends that the employee does what is best described as a self-evaluation first and then submits it to the supervisor, who will then review and do an assessment.

Dryden stated that, in 2021, she completed her evaluation for the period 2016 to 2021 but it was not until February 2022 that the permanent secretary completed the review and categorised her performance as unsatisfactory. She contended that the assessment was unjust and without basis. She disputed the assessment but said the issue was never addressed and the delay in paying her increments has affected the calculation of her pension. She said she resigned from the post in August last year.

Defendants were the ministry, the Public Service Commission, the Attorney General and Sewell.

Attorney-at-law Faith Hall, from the Attorney General’s Department, had argued on behalf of the defendants that the order of mandamus and the declarations being sought should not be granted because there was no breach of the regulations or the PMAS.

After hearing submissions, the judge granted an order of mandamus compelling the ministry to take all steps to conclude or complete the review exercise of the PMAS for the claimant, in keeping with the relevant government policy of Jamaica, within three months of the court order.

The judge refused to grant several declarations that were being sought by the claimant.

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