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Police Federation to appeal aspects of Supreme Court ruling

Corporal Rohan James and attorney Jacqueline Samuels Brown
 
The Police Federation has said it is not fully satisfied and will be appealing aspects of the Supreme Court ruling concerning its overtime pay dispute with the government.
 
Chairman Corporal Rohan James has disclosed that the group will appeal aspects of the decision. 
 
The court on Friday gave the government until March 31, 2023 to implement a proper software system to efficiently capture and calculate overtime hours for members of the Jamaica Constabulary Force (JCF).  
 
However, the decision did not impose any requirement on the government to pay money to JCF members except for legal costs.
 
This has not gone down well with the Federation, which insisted on Friday that the government owes rank and file police officers overtime pay.
 
Corporal Rohan James, Chairman of the Federation, told Radio Jamaica News that the group believes it should have been awarded damages by the Supreme Court. 
 
"The acknowledgement by the court that our employer has failed to institute mechanisms to properly capture work done and to compensate is acknowledging the fact that we are being deprived properties for which we are entitled to in the form of salaries and remuneration, and therefore, it does stand to reason that there should have been a reasonable judgment handed down in terms of damages and we are going to be pursuing it," said Corporal James, who maintained that the group has a solid case to support its claim. 
 
"There are myriad of areas to that which the government has not been acknowledging and compensating for, and one of those areas is that you cannot be compensating me at a flat rate for work done in excess of a 40-hour work week. It must be time and a half," he explained.  
 
Aside from the likely appeal, Corporal James said the next step is to ensure that the overtime payment system is implemented as ordered by the court.
 
Mr. James urged rank and file members to be patient during the implementation process, noting that the pursuit of justice "is always a long haul". 
 
"We have been waiting and we have reached this far and it is incumbent that we go the distance to ensure that all the members who have sacrificed with their lives, blood, sweat and tears, that they are given full recompense," he said. 
 
Jacqueline Samuels Brown, the Police Federation's attorney, lamented that it took court action to get the government to abide by the heads of agreement.
 
"We note that it was not until this hearing started that there was a definitive statement that the system to be put in place and the financing would be made available so that the contractual obligations of the government could be enforced and that that would be done by March of 2023. We wish it could be earlier but sometimes, you know, what they say, when your foot is in a lion's mouth, you have to be careful how you take it out."  
 
The full court panel ruled that the heads of agreement signed since 2008 between the Police Federation and the Ministry of Finance as well as the Ministry of National Security are binding on the government, and created a legitimate expectation among the rank and file cops that they would be paid for overtime work. 
 
Finance Minister responds 
 
Finance Minister Dr. Nigel Clarke has said the government, through the Ministry of National Security, has started the process of procuring the system for capturing the actual time worked by police officers.
 
In a statement Friday afternoon, Dr. Clarke said the central government budget submitted to Parliament in February contains amounts dedicated to the payment for this system.
 
Dr. Clarke said the government is committed to complying with the timeline given by the court.
 


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