Archie delays leave
UPDATE:
CHIEF Justice Ivor Archie yesterday agreed to a call by acting President Christine Kangaloo to delay his departure from TT on an intended six-month sabbatical until the return this Sunday of President Anthony Carmona, the Office of the President revealed yesterday. But a Judiciary statement later suggested judges are entitled to take sabbaticals.
A statement from the President’s Office stated that Kangaloo was in communication with CJ Archie who was asked to consider deferring his departure from the jurisdiction prior to the return of Carmona. Archie, the release added, agreed to defer his departure.
“This invitation, the release added, was made in order to enable further communication to be had in relation to the Prime Minister’s letter to Carmona dated March 7.
While Archie has sought a sabbatical from this Sunday, Prime Minister Dr Keith Rowley in the letter, told Carmona the CJ is not entitled to any sabbatical leave under terms of the Salary Review Commission’s (SRC) 98th Report. Minister in the Office of the Prime Minister (OPM) Stuart Young revealed this at Thursday’s post-Cabinet news conference at the Diplomatic Centre, St Ann’s.
Young said Rowley had only learnt of the sabbatical request on Wednesday, when he read a letter dated March 2 from Carmona, regarding the issue of someone being appointed to act as CJ in Archie’s absence.
However a Judiciary statement yesterday, signed by court and protocol manager Alicia Carter-Fisher, stated that the way was clear for judges to take sabbaticals based on a series of past recommendations by the SRC, Cabinet, Parliament and the report of a committee of judges headed by then justice Paula Mae Weekes, now President-elect.
The statement cited a Hansard report dated February 21 2014, quoting Oropouche East MP Dr Roodal Moonilal as saying, “Cabinet did agree to accept the recommendations of the Salaries Review Commission contained in the 98th Report dated November 29, 2013 (except) transport facilities regarding the limit on tax duty exemptions and motor vehicles.”
The statement quoted the SRC Report as saying, “We agree in principle to the proposal for the introduction of sabbatical leave for judges. We recommend that office holders be eligible for a maximum of six months (of) such leave after a minimum of seven continuous years of service.”
Thereafter leave should accrue at a rate of six sevenths of a months leave for each extra year of service done. The leave is for education, teaching or study, or to do a project to improve the efficacy of the court. Approval is decided by the CJ, and effected by administrative arrangements by the Judiciary, the 98th Report added.
The Judiciary statement said that in line with the SRC Report, the CJ (Archie) in May 2014 appointed an internal committee of four judges chaired by Weekes to develop administrative arrangements to facilitate sabbaticals. “The Report of the Committee was submitted to the Chief Justice and to a meeting of judges and in July 2014 was agreed to in principle,” said the Judiciary statement, “and thus comprises the administrative arrangement of the Judiciary. Since then one judge sought to access the benefit but that application was deferred owing to the exigencies of the service at the time of the application.”
Yesterday, attorney Gregory Delzin told Newsday the SRC Report recommended the adoption of sabbatical leave for judges and that this was then agreed to by Parliament. However, on the CNC3 television’s Morning Brew yesterday, attorney Avery Sinanan disagreed, saying the sabbatical was merely a recommendation by the SRC, but is not law or policy. Alleging insensitivity and imperviousness to current events by CJ Archie, Sinanan said no amount of litigation against the Law Association or sabbaticals could repair Archie’s chief justiceship.
ORIGINAL STORY:
Chief Justice Ivor Archie agreed to an invitation by Acting President Christine Kangaloo to delay his departure from TT (on intended sabbatical) until Sunday's return of President Anthony Carmona to TT, said President's House today.
"This invitation was made in order to enable further communications to be had in relation to the Honourable Prime Minister’s letter to His Excellency Anthony Thomas Aquinas Carmona dated March 7 th , 2018."
While Archie has sought a six month sabbatical, Prime Minister Dr Keith Rowley had told Carmona the CJ is not provided with a sabbatical under the Salary Review Commission's 98th Report.
Comments
"Archie delays leave"