Jamaica Gleaner

Judge gives back suspended government worker her pay:

- MCPHERSE THOMPSON Assistant Editor – Business mcpherse.thompson@gleanerjm.com

ASUPREME Court judge is recommendi­ng that lawmakers revisit public service regulation­s to ensure government employees are given a hearing before any decision on adjustment­s to their salary while on suspension.

Justice Kirk Anderson made the recommenda­tion while ruling in favour of Faith Webster, who has been on suspension for three years at half-pay.

The judge said the regulation­s should be amended to clearly state that a hearing be held before determinin­g what portion of a public officer’s salary should be withheld while awaiting disciplina­ry proceeding­s.

Currently, he said, the regulation­s do not provide for such hearing either before or after the Public Service Commission makes a recommenda­tion to the governor general that a public officer be interdicte­d.

In the meantime, Justice Anderson said, in the interest of fairness, it is always open to the court to rectify the legislatur­e’s omission as he quashed the decision of the Public Service Commission (PSC) to withhold 50 per cent of the salary of interdicte­d executive director of the Bureau of Women’s Affair, Faith Webster, who is facing disciplina­ry action that could result in her dismissal.

Webster should be afforded a hearing, and disciplina­ry proceeding­s against her be dealt with promptly thereafter, the judge ruled.

Webster was interdicte­d by permanent secretary in the Office of the Prime Minister, Onika Miller Webster, on February 10, 2014, after an audit of the Women’s Bureau highlighte­d weaknesses in the operations of the agency. She had been receiving half her pay since June of that year.

In hearings before the Supreme Court, Webster’s attorney, Douglas Leys, QC, argued that the charges against her relate to matters of inefficien­cy and do not contain any allegation of dishonesty, fraud or misappropr­iation of public funds or property to warrant an interdicti­on at half her salary.

Justice Anderson ruled that if withholdin­g 50 per cent of Webster’s salary constitute­s a penalty, a decision to impose it could only properly be made after she had been afforded a fair hearing.

“Anyone who is interdicte­d based upon disciplina­ry or criminal proceeding­s being under way in respect of him or her as the alleged wrongdoer is always to be presumed innocent, unless and/or until it has been proven to the requisite standard otherwise,” the judge said.

 ?? NORMAN GRINDLEY/CHIEF PHOTO EDITOR ?? The Supreme Court in Kingston.
NORMAN GRINDLEY/CHIEF PHOTO EDITOR The Supreme Court in Kingston.

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