Senior gov't worker gets court order to return to her job at Ministry

Senior government employee Sandra Buchanan whose post was abolished effective January 1 was on Tuesday granted a mandatory injunction compelling the Public Service Commission (PSC) to reinstate her immediately in her job.

Supreme Court Judge Simone Wolfe-Reece, in granting the injunction, also granted leave for Buchanan to go to the Judicial Review Court to quash the decision to abolish her post.

The injunction will remain in effect until a determination is made by the Judicial Review Court.

Buchanan, who was the principal director of Policy, Planning, Development and Evaluation in the Ministry of Science, Energy, Telecommunication and Transport, is contending that her constitutional rights have been breached.

Respondents in the claim, which was filed in January in the Supreme Court, are the Public Service Commission 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.

Buchanan, who has over 30 years' service in the public service, 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.

Buchanan said she was informed in a letter dated November 10, 2023, that consideration was being given for her separation from the Ministry.

Also that the Ministry of Finance and the Public Service had approved a structure for the then newly established Ministry where she was employed and several positions were not retained including her position.

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 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. - Barbara Gayle

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