The Court of Appeal has ruled that a senior public servant, who was bypassed for promotion four times in the space of two years. was unfairly treated by the Public Service Commission (PSC).
In a 51-page judgement delivered yesterday, Appeal Court judge Prakash Moosai ruled that Audine Mootoo was entitled to damages for loss of earnings, distress and inconvenience as her constitutional rights to equality of treatment from the PSC was breached.
Moosai did not decide the compensation she should receive as it is to be determined by a High Court Master. The court was unable to order the PSC to reconsider Mootoo’s applications for promotions as she is now approaching retirement after waiting almost a decade for the case to be determined.
In his judgement, Moosai ruled that the PSC’s treatment of Mootoo had a cumulative discriminatory effect as it was not related to a single post but a series of acting appointments she applied for between August 2004 and March 2006.
“Its effect thereof smacks of unfairness and arbitrariness and constitutes prima facie evidence of unequal treatment contrary to section 4(d) of the Constitution. “Even more startling is the fact that she was bypassed for consideration for the post in her own area of expertise (horticulture),” Moosai noted. He also stated that the PSC had failed to sufficiently justify its handling of Mootoo’s case.
“It is manifest that at every turn when the vacancies arose, Mootoo clamoured for transparent, equitable and consistent treatment. Regrettably, the cumulative effect of the treatment meted out to her was arbitrary, inconsistent and discriminatory and necessitated resort to litigation to obtain relief,” Moosai said. Appellate Judges Alice Yorke-Soo Hon and Rajendra Narin also sat on the appeal and agreed with Moosai’s reasoning.
In 2007, Mootoo, who worked at the Ministry of Agriculture for her entire career, filed the lawsuits after she was bypassed for promotions for four management posts.
The four positions are Deputy Director, Extension Training and Information Services; Technical Officer (Horticulture) in the same ministry; Deputy Director, Agricultural Services Division (Crop Production); and Acting Director Horticultural Services in the Ministry of Public Utilities.
Mootoo, who was a Biochemist II in the Ministry of Agriculture, when the lawsuit was filed, claimed that in one of the positions full consideration was given to another officer while in another the PSC wrongly held that she was ineligible for promotion despite her seniority. She also said that on the two other occasions she was told that PSC failed to consider her as it never received her applications.
Mootoo’s lawsuit was initially dismissed by a High Court Judge, forcing her to appeal.
Mootoo was represented by Anand Ramlogan, SC, and Gerald Ramdeen, while Russell Martineau, SC, represented the PSC. The Office of the Attorney General was represented by Neal Byam.
