The Supreme Court has ruled in favor of Jermaine Spencer, stating that he must be reinstated as the Finance and Administration Manager at the Public Broadcasting Corporation of Jamaica (PBCJ). The court found that Spencer’s termination was in violation of the Constitution and the Public Service Regulations. Spencer had previously worked at the Office of the Prime Minister before being transferred to the PBCJ in 2013. After his contract was terminated in 2019, Spencer sought assistance from various organizations, including the Jamaica Civil Service Association and the Ministry of Finance, before filing a claim in the Supreme Court. Attorney John Clarke argued that Spencer’s dismissal was null and void as proper procedures were not followed.
The defendant in the case, represented by attorney Conrad George, argued that Spencer had pursued his claim against the wrong defendant and that the proper defendant should have been the Public Service Commission. However, attorneys Kristina Whyte and Karessiann Gray, who represented the Attorney General, disagreed and emphasized that the defendant is a public authority and therefore can be held accountable for breaching the claimant’s rights. Justice Tara Carr ultimately ruled in favor of Spencer, finding that his dismissal was in violation of the Constitution and the Public Service Regulations. The judge ordered the quashing of the decision to terminate Spencer’s employment and declared that he is entitled to his position with all its benefits, privileges, and rights. The defendant was also instructed to cover Spencer’s legal costs.
Attorney Zara Lewis, who also represented Spencer, expressed gratitude for the successful outcome of the legal battle. The ruling sets a precedent in ensuring that proper procedures are followed when it comes to dismissing public officers.
