Fireman takes GFS to court over removal from promotions list

A Guyana Fire Service (GFS) rank is now the latest member of the Joint Services to move to court over what he claimed is discriminatory promotion practice. Firefighter Neville Cumberbatch has filed a complaint against Fire Chief Kalamadeen Edoo over the removal of his name from the GFS’s promotion list. The complaint has been lodged at the Georgetown Magistrates’ Courts.

In legal documents seen by this publication, Cumberbatch alleges that Edoo, having statutory and general superintendence of the GFS, unlawfully discriminated against him on or around June-August 2021, by removing his name from a list of persons deemed eligible for consideration for promotion which was approved on January 29, 2021, by former Chief Fire Officer Marlon Gentle.
Cumberbatch deposed that he was removed from the promotion list based on disciplinary infractions, while other ranks facing equal or more egregious disciplinary infractions were promoted ahead of him.
According to the firefighter, the act of Fire Chief Edoo is contrary to Section 5 (2) (d) of the Prevention of Discrimination Act. Fire Chief Edoo has already been summoned and is expected to appear at the Georgetown Magistrates’ Courts on Monday to answer the complaint.

Police promotion
Last December, Senior Superintendent Calvin Brutus challenged a decision of the now-defunct Police Service Commission (PSC) to promote several Police Officers who have pending disciplinary matters ahead of him. Following the initial challenge, several other senior officers were added as interested parties
Among other things, Brutus contended that he was bypassed for promotion to the rank of Assistant Commissioner even though he was recommended for promotion by the Top Cop and due to frivolous allegations of indiscipline against him for which he has not been called upon to defend.

On June 28, Chief Justice Roxane George, SC, dismissed Brutus’ application and held that the court could not say that the PSC acted unlawfully in taking into consideration disciplinary matters. “There is nothing unfair in the Commission or any employer for that matter taking into consideration disciplinary issues in determining whether an employee should be promoted,” she had said in her ruling.
“It would not be for this court to determine what is a minor or serious infraction. This would require the court to embark on a fact-finding investigation that is solely within the power of the Commission. These matters will have to be addressed by detailed regulations on promotions,” Justice George noted.
In her decision, Justice George stressed the need for a comprehensive regulation governing disciplinary and promotion procedures in the Guyana Police Force. Hours after the case was dismissed, the PSC released its promotion list for 2020 which the Government rejected as “unlawful” and “illegal”.
In doing so, Attorney General Anil Nandlall, SC, had reminded that the PSC was suspended by President Dr Irfaan Ali on June 16, in accordance with powers conferred upon him by the Constitution of Guyana.  The PSC was suspended by the Head of State after its Chairman, Retired Assistant Commissioner of Police Paul Slowe, as well as its Commissioners were slapped with fraud charges.
The PSC, however, argued that its suspension is unlawful and unconstitutional and has filed proceedings in the High Court to have it quashed. Among the respondents in its application is President Ali. But the Attorney General has filed a Notice of Application in which he seeks to have the President struck from being a party to the proceedings.
Being immune from suit, Nandlall argued that the President ought not to be named in the action, as it contravenes Article 182 of the Constitution as well as Section 10 of the State Liability and Proceedings Act.
Justice Gino Persaud will rule on Nandlall’s application next week, on September 16. (G1)