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Feb 2, 2016

Claimants Says Open Vote Workers Regulations Violate the Constitution

Magali Marin-Young

Not only is Tucker seeking judicial review of the termination; she has filed separately a challenge to the Open Vote Workers Regulations of 1992. Tucker and attorney Senior Counsel Magali Marin-Young believe it violates the Constitution, as then Governor General Dame Minita Gordon was not empowered to enact a law that creates a wholly separate cadre of employment. We spoke to Marin-Young about the substance of the case.

 

Magali Marin-Young, Attorney for Melissa Belezaire Tucker

“The case is multifaceted because we are not only seeking that. We are saying for the last fourteen years and in particular for the last seven years prior to her termination, the Ministry of Finance had in fact confirmed that she was to be appointed to this particular post. But because of the failure of the Chief Executive Officer in sending a letter for the Public Service Commission to confirm her to that post, she was not confirmed to that post. It’s really; we are saying that the whole wanton disregard for regularizing her to her particular post is an abuse of power. We are saying it is a total lack of regard for the rule of law, for due process.”

 

The government, represented by Deputy Solicitor General Nigel Hawke, contends in summary that at all material times Tucker was an open vote worker; that her dismissal was proper under the 1992 regulations and that she was granted her right to a fair hearing when asked to write in response to the Chief Executive Officer. The government also argues that Tucker should not be reinstated to her post as it would complicate matters unduly; that the Regulations are proper and provided for within the Constitution; and that no damages are to be awarded as there is no breach of her right to protection under the law and equal treatment before the law.

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1 Response for “Claimants Says Open Vote Workers Regulations Violate the Constitution”

  1. Greeneyes says:

    I’m happy that someone brought this to light. If you would do a survey on how many workers are open vote in government you would be surprise. Majority of them work in life treating positions, some even holds the title of Manager. I really hope more comes out because, the Prime Minister had promised to make all open vote, full staff from his first term and today date nothing has change.

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