Appellate tribunal demands enforcement powers

Although being out of operation for almost two decades, the Public Service Appellate Tribunal (PSAT) has already begun disposing of cases filed, and is even preparing to have the legislation changed so that its decisions can be enforced.
The tribunal is the body designated to hear the concerns of public servants seeking redress against decisions made by the Public Service Commission (PSC).

According to PSAT Chairman, retired Justice Nandram Kissoon, the decisions of the tribunal are final, and must be carried out by the relevant authorities. “If we find that the PSC erred, then they have to rectify it. We may make recommendations, but they must rectify it,” he stated.
The Chairman explained that if the decisions of the tribunal are not carried out, there is nothing the institution can do, since it has no legislative enforcement powers.
“The only thing we can do, if we learn it is not complied with, is to write the minister. But no one controls the Public Service Commission, they are independent,” he posited.
Nevertheless, the tribunal chairman outlined that this is something the institution is looking to have reserved. “Our annual report will recommend (sanctions if decisions of the tribunal are not carried out),” Justice Kissoon noted.
The chairman disclosed that since being constituted back in May, the tribunal has received five cases – two of which were immediately disposed of, since they were appeals against decisions made by the Police Service Commission, over which the tribunal has no jurisdiction.
He said there were two additional cases which were filed within 90 days of the establishment of the tribunal, as required, but had stemmed from before the institution was re-constituted. As such, the tribunal granted an extension of time to those persons to file their appeals.
Meanwhile, the fifth case was filed only on Thursday last, the Chairman added.
On Friday, the three-member body, which also includes Attorney Abiola Wong-Inniss and Winston Browne, encouraged aggrieved public servants to seek redress at the tribunal and fear no discrimination.
“Public servants are afraid of everything… but there should be no fear whatsoever. What we have to do is to ensure that the Public Service Ministry and the Public Service Union sensitise and (educate), and make the public servants aware that they have nothing to be afraid of,” the Chairman stated.
In attendance at the official dedication ceremony was State Minister Joseph Harmon, who reminded the PSAT that its duties include providing a mechanism for redress against any perceived wrongful action, to enable public servants to discharge their duties fearlessly, confident that they are protected against any form of victimisation or illegal sanction for so doing.
First Vice President of the Guyana Public Service Union (GPSU), Dawn Gardner, and Ombudsman of Guyana, retired Justice Winston Patterson, also attended the ceremony.