JFB defends firing of firefighter, douses claims of unjust treatment
Published:Sunday | December 1, 2024 | 12:08 AMErica Virtue - Senior Gleaner Writer
The Jamaica Fire Brigade (JFB) has rejected claims that it terminated the services of former fireman Dwain Brown without due process following a criminal conviction over a decade ago.
Brown was convicted in November 2009 for a criminal offence and received a fine along with a suspended sentence. His lawyer at the time gave immediate verbal notice of appeal; however, it was not filed until September 2010.
The JFB dismissed him on March 1, 2010.
Brown and the University and Allied Workers Union (UAWU) argue that his dismissal breached JFB rules, which prohibit disciplinary action until the appeals process is complete. Brown’s conviction was overturned in 2020, and his attorney subsequently requested his reinstatement.
JFB Commissioner Stewart Beckford has refuted the claims, asserting that the brigade was unaware of the appeal.
“The first time in years that that JFB was hearing anything regarding Mr Brown was when we received the correspondence from his lawyer seeking his reinstatement. JFB had no idea that there was an appeal in the matter,” Beckford told The Sunday Gleaner.
According to the commissioner, Brown was summoned to a meeting at the JFB headquarters in April 2010 after it received notification from the courts on March 1, 2010 of his conviction. The meeting, chaired by the then commissioner, included deputy commissioner in charge of administration, the industrial relations officer, and the director of human resources. The meeting led to a recommendation for Brown’s dismissal.
“Mr Brown was called to meeting at which he was told the decision of the board at the time, based on the minutes of that meeting. The minutes showed that there was no record of him indicating to that that an appeal was going to be made,” Beckford explained.
The commissioner said the court’s record was used to make the recommendation for separation and that Brown did not sign the suspension letter.
Beckford claims the meeting was formal, though there are no records indicating the fireman was represented.
“But it is not strange ... . We have sent out advisories for persons to come to trial and [state that] they are to bring an attorney or a representative, and persons sometimes turn up without. I can’t speak to whether or not he was advised as such to take a representative,” Beckford told The Sunday Gleaner.
Brown disputes this account, claiming he was never formally invited to a meeting by letter and was walking in the building one day when he was called into a room and told what steps the JFB would be taking.
Section 35 of the JFB Regulations states: “Where criminal proceedings have been instituted against a member, disciplinary proceedings upon any grounds arising out of the criminal charge shall not be taken until after judgment has been given, and the time allowed for an appeal from the judgment has expired, and where a member after conviction has appealed, disciplinary proceedings shall not be taken until after the withdrawal of, or determination of the appeal.”
The commissioner said based on the records, there is no indication of Brown or his attorney advising the JFB of an appeal.
He added that the JFB also has a policy for an official to monitor court proceedings so it can stay informed. The senior officer who was assigned to monitor Brown’s case has since died. It is unclear whether the officer reported that an appeal would be filed.
“ ... The records showed that the person following the proceedings on behalf of the brigade was not in court on the day judgment was handed down. And what we have found is that in some instances, matters are brought forward and we are unaware that the change had taken place,” Beckford explained.
The commissioner said since being notified of the outcome of the appeal and having received the request for full reinstatement and retroactive salaries, the JFB reached out to the attorney general (AG) for an opinion.
On September 23, 2002, the AG said the JFB has no moral or legal obligation to reinstate the former fireman.
The JFB maintains that its actions were guided by the information available at the time and the AG’s subsequent opinion. But UAWU President Lambert Brown describing its actions as “ ultra vires” – beyond its legal authority. He insists Brown should either be reinstated or receive fair compensation.
In February this year, UAWU’s Brown requested a review of the AG’s opinion that had been accepted by the JFB board, and on March 6 this year, the local government ministry said the AG’s opinion stands.
“But the AG went on to say in that opinion that ... on humanitarian grounds, the brigade may grant an ex-gratia payment in lieu of notice. Under the Fire Brigade Regulations, you are required to give three months’ notice if you are not going terminate the service of a member,” Beckford said.
When the board examined the payment at the rate in 2010, the commissioner said, the sum was minuscule. The board then considered giving a year’s salary at current rate.
The UAWU said the issue of a compromised was raised by the JFB, but the details were not discussed. It said what Beckford has now said is news to the union and also to Dwain Brown.