Judge to rule on injunction by Petrojam worker seeking to remain on the job

The Supreme Court has reserved its ruling in an application brought by Sheryl Blair, administrative assistant at Petrojam Ltd, who is seeking an injunction to bar the company from retiring her until her claim has been decided by the court.

Justice Opal Smith heard the application and will give her ruling at a later date.

Blair is also seeking leave to go to the Judicial Review Court to quash the decision to send her on retirement on December 1 because she attained the age of 60.

She has brought a claim against respondent Colin Barnett, secretary of the board of Trustees and manager of Human Resource Development and Administration at Petrojam.

Blair, who is being represented by attorneys-at-law Hugh Wildman and Anthony Armstrong, wishes to remain on the job until she is 65 as provided by the Pensions (Public Service) Act 2017 which became effective in April 1, 2018 moving the retirement age from 60 to 65.

She said when she wrote a letter to the company about the matter she was informed by the respondent on October 7 that the position as outlined in Petrojam's Trust Deed and Plan Rule and further highlighted in the company's Termination Redundancy Services Policy and the Employee Handbook, her retirement would take effect on December 1.

She is seeking a declaration that based on the Pension Act she is not eligible to be retired before the age of 65.

She will also be pursuing an application for permission to apply for leave to go to the Judicial Review Court after Justice Smith makes her ruling.

Barnett, who is being represented by attorneys-at-law Styart L. Stimpson and Sanya Goffe, instructed by Hart Muirhead Fatta, is contending that he made no decision regarding Blair's termination.

He stated that the letter he wrote to her on October 7 was in his capacity as secretary trustee of the Pension Plan and was just to clarify her misunderstanding regarding a new retirement age.

He stated further that Blair had failed to recall that the decision to terminate her employment was communicated to her from as far back as January 24 by her employer Petrojam via a letter from Telroy Morgan, the general manager.

- Barbara Gayle

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