ABEC Employees Win Reinstatement Case

Details

Politics

Friday, 31 August 2012 02:30

By caribarena news

Antigua St. John’s - Senior Registration Officer at the Antigua & Barbuda Electoral Commission (ABEC) Karen Manwarren and Administrative Secretary Eren Francis have been reinstated to their substantive positions.

Manwarren and Francis brought legal proceedings against ABEC commissioners Chairman Juno Samuel, Deputy Chairman Nathaniel “Paddy” James, attorney E Ann Henry, Paula Lee, Anthonyson King, Glendina McKay and David Kelsick.

Also named in the suit were the Cabinet of Antigua & Barbuda, former ABEC Chairman Bruce Goodwin and Prime Minister Baldwin Spencer.

Manwarren and Francis, along with other ABEC employees, were seconded to the government service in 2010.

The women shared the opinion that their secondment to other sections of the government was unlawful because Cabinet made the order.

Patricia Simon-Forde, the attorney representing ABEC told the court on Thursday that Manwarren and Francis were informed of their reinstatement by letter dated August 20. Their return to the substantive posts is effective from August 27.

Sir Gerald Watt QC, who is representing both women along with Dr David Dorsett, asked the court to make an order of the women’s reinstatement despite the decision of ABEC to restore them to their substantive positions.

“Past evidence has disclosed that Samuel and Goodwin do not adhere to the Representation of the People Act.

“These people (Manwarren and Francis) will not be returned without an order of the court. It would be exceedingly difficult,” Sir Gerald told the court.

While Attorney General Justin Simon QC, who is defending the Cabinet, and Sanjeev Datadin, the legal counsel for the prime minister and Goodwin, withdrew their legal submissions as it pertained to the secondment of both women, Datadin was sceptical about a consent order, which Watt had suggested.

Datadin felt that if his clients agree to such an order it would appear as if they are taking liability for the women being removed from their posts.

Justice Thomas Astaphan was of a differing opinion and noted that neither respondents (PM nor Goodwin) would be admitting to personal liability.

Astaphan said that if either man vacates office the office would still hold liability and not them in their persona.

The judge said that the question of whether the women were unlawfully seconded still needed to be answered despite their being given letters of reinstatement.

Astaphan said that if the letters that the women were given had noted that the commission took legal responsibility, then the matter would be settled.



The judge opined that the reinstatement should be effective from April 11, 2010 when the women vacated their office, if they are to be put back to their original positions.

Justice Astaphan ordered the parties to draft a consent order on the issue of the secondment and present it to the court for ratification on Friday. At that time the attorneys will address the court on general damages and costs.

Sherry-Ann Bradshaw appears with Datadin in the matter.

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