MEDIA NOTICE Jomo Thomas Chambers
We are the legal practitioners of Mr. Otto Sam of Diamond Village. On his behalf, we wish to bring to the attention of the public the fact that the State has failed to comply with two Orders of the court regarding paying awards for two claims Mr. Sam successfully brought against the State.
The claims: Claim No: 399 of 2010 and Claim 247 of 2014.
Claim No 399 of 2010: This matter concerns the transfer of Mr.Sam from his post of headteacher to no post at NEMO. That decision made by the then Chief Personnel Officer, Tyrone Burke on the 23rd August 2010.
The court found that transfer to be illegal, irrational and that Mr. Sam is entitled to an award. Following an Assessment of damages, the court found that Mr. Sam was entitled to $64, 920.00 plus interest of 5% per annum from December 12, 2016.
To date, Mr.Sam has not been paid this sum plus interest. Claim No: 247 of 2014: This matter concern the decision by the Public Service Board of Appeal to dismiss Mr.Sam from the civil service.
On the 20th October, 2016 the court found that the decision to dismiss Mr.Sam was illogical, unreasonable, unlawful and arrived at in an unfair and procedurally improper manner and disproportionate; that Mr. Sam was unfairly and wrongfully dismissed.
Pending the assessment of general damages the court ordered the State to pay Mr Sam:
- the portion of his salary which was deducted during his interdiction between 7th August, 2012 and 15th May, 2013.
- his full pay, all increases and benefits that accrued to him and which are due and payable to him in his capacity as headteacher, benefits from the date of his dismissal on 15th May, 2013 including his pension and gratuity.
To date, the State has fully complied with #1 of the order and in part to #2.
The delay in both matters is unconscionable and a flagrant disregard for the order of the court.
The Nation will be updated via a press conference on Tuesday 20th March 2018.
