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Attorney Hugh Wildman
By Clinton McGregor
Principal Director of Corporate Services in the Ministry of Science, Energy, Telecommunication and Transport, Sandra Graham, has won the first round in her legal battle with the Ministry.
The Supreme Court on Thursday granted Ms Graham an injunction blocking the Ministry and the Public Service Commission from removing her from the post in the public service, effective January 1, 2024.
Ms Graham had filed an application in the Supreme Court challenging the decision to separate her from her job on the grounds of redundancy and/or re-organisation and sought leave for judicial review of the decision.
The Supreme Court on Thursday granted her the injunction for the application for leave to be heard next month.
Lead attorney Hugh Wildman told Radio Jamaica News that the decision to remove her is procedurally improper.
"She's challenging the decision of the Public Service Commission and the permanent secretary on the basis that her constitutional right is being breached. She's entitled to due process before any decision is made to separate her from the public service," he argued.
The attorney said the hearing of the judicial review application is set for January 25.
In the applicantion, Ms Graham contends that the decision to separate her from her job after more than 20 years in the service, is based on false allegations made against her by purported anonymous persons.
She states in her affidavit that she was not afforded the opportunity to confront them.
She refers to anonymous letters accusing her of hating portfolio Minister Daryl Vaz and trying to "bring down" the permanent secretary.
Ms Graham says she has written to the Integrity Commission concerning her job and has reported threats she received to the police.
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