Ian Green (Respondent) v Public Service Commission (Appellant) (Trinidad and Tobago)

Hearing listed

Case summary
Linked cases
Appeal

Case summary

Case ID

JCPC/2024/0087

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Public Service Commission

Respondent(s)

Ian Green

Issue

Whether the Court of Appeal erred in: (a) Finding the Appellant acted unreasonably in failing to consider the Respondent for promotion? (b) Finding that the Appellant’s decision of 21 April 2015 was arrived at by a process outside of that prescribed by the Public Service Commission Regulations? (c) Finding no interference between Regulation 8 of the Fire Service (Terms and Conditions of Employment) Regulations 1998 and section 121 and 129 of the Constitution of Trinidad and Tobago. (d) Holding that Regulation 8 is non-binding on the Appellant unless and until specifically adopted and incorporated into the Public Service (Commission) Regulation. (e) making findings as to the role of the Chief Personnel Officer without affording them an opportunity to be heard. (f) Not placing sufficient weight on the Board’s decisions in The Chairman of the Board of Inland Revenue v Finbar Boland and ors [2023] UKPC 27 and Ramsahai v Teaching Service Commission [2011] UKPC 26? (g) finding that if there had been a claim for constitutional relief, and a breach of a constitutional right has been found, it should not matter that the breach found is not the particular breach in respect of which the claim is made? (h) finding that there was a breach of the Respondent’s right to protection of the law under section 4(b) of the Constitution, in circumstances where the Respondent did not claim such relief.

Facts

This is a case about a Fire Sub-Station Officer who wished to become a Fire Station Officer. The Chief Fire Officer submitted a list of Fire Sub-Station Officers who he considered had satisfied the requirements for the office of Fire Station Officer. The Fire Sub-Station Officer, however, did not hold the Graduate Diploma of the Institution of Fire Engineers, nor did he pass the Examinations Board exam as required by the Fire Service (Terms and Conditions of Employment) Regulations 1998. By Fire Service Order No. 4 of 2015 dated 21 April 2015, five fire sub-station officers were promoted to the office of Fire Station Officer but the Appellant Fire Sub-Station Officer was not among them. On 17 July 2015, the Respondent sought judicial review of this decision under the Constitution for a breach of his right to equality of treatment from a public authority. On 14 December 2016, The High Court dismissed the claim. On 16 December 2022, the Court of Appeal allowed the Respondent’s appeal, setting aside the High Court’s decision. On 24 February 2023 and 5 July 2023, the Court of Appeal granted conditional and final leave to appeal against this decision respectively. On 11 December 2023, the Court of Appeal delivered a further judgment on additional issues. On 6 February 2024 and 21 June 2024, the Court of Appeal granted the Appellant conditional and final leave to appeal against this decision.