Two public officers who have been hindered from going to work at King’s House, the Governor-General of Jamaica’s residence, since October 2021 for failure to provide COVID-19 tests results have filed lawsuits in the Supreme Court contending that their constitutional rights are being breached.
They are office attendants Valrie Marsh Bennett and Signorina Raymond who are seeking declarations that they are suffering financial hardships because since April 2022 they have not received their salaries and are being blocked from entering the King’s House premises so they can go to work.
The Attorney General is the defendant in the claim, in which the claimants are seeking several declarations, one of which is that only the Governor-General, acting on the advice of the Public Service Commission, can remove them as public officers pursuant to section 125 of the Constitution of Jamaica.
Attorney-at-law Hugh Wildman, who is representing the claimants, said today that the Jamaica Civil Service Association has instructed him to represent Marsh Bennett and Raymond.
Marsh Bennett contends in the claim filed in the Supreme Court on March 20 that since 2011 to October 6, 2021, she worked uninterrupted at King’s House.
Raymond stated that she had been employed at King’s House since July 16, 2012.
The claimants have stated that after the onset of the COVID-19 pandemic, Claudine Heavens, the secretary in the Office of the Governor General, enquired if they had received the vaccine and they responded in the negative.
Heavens requested medical reports indicating the reasons they were unable to take the vaccine and they submitted medical reports.
Marsh Bennett outlined that Heavens informed her that arrangements were being made for her to go to Andrew’s Memorial Hospital to verify the report of her doctor.
She went to the hospital and furnished a medical report to Heavens which confirmed the findings of her doctor.
She stated further in her affidavit that when she returned to work on October 6, 2021, Heavens called her and Raymond and again enquired if they were going to do the COVID-19 test.
They told her they were unable to do the test due to lack of funds and Heavens then informed them to leave the compound.
They contend that when they asked Heavens to give them letters authorising them to leave their jobs, Heavens responded that they should go and speak to their union.
Raymond outlined in her claim that she did furnish Heavens with a medical report indicating why she was unable to take the vaccine at that time.
The claimants are contending that they have been prevented from turning up to work since October 6, 2021 as Heavens has engaged the services of the Jamaica Constabulary Force to block them from entering the King’s House premises.
They disclosed that they have not been informed by the Public Service Commission or the Governor General that they were no longer employed as public officers.
They are seeking to be fully compensated from April 2022 to the date of determination of their claims.
One of the declarations being sought is that Heavens’ action to prevent them from continuing in their employment without any compensation since April 2022 amounts to a purported removal from office without complying with the provisions of section 125 of the Constitution.
The section states that the power to make appointments to public offices, to remove, to exercise disciplinary control over persons holding or acting in such offices is vested in the Governor-General acting on the advice of the Public Service Commission.
