Sanitation worker takes Tobago House of Assembly to court over promotion

A sanitation worker from Tobago has received the court’s permission to challenge the Tobago House of Assembly (THA) for failing to promote him.

Mervin Winchester, of Louis D'Or, is asking for compensation for “financial losses” he suffered because of the alleged failure by the THA to promote him.

Justice Kevin Ramcharan granted Winchester leave to pursue his claim against the THA.

In his lawsuit, filed in the Tobago High Court, Winchester complained he had been consistently overlooked for promotion for several years.

He said three of his juniors were all promoted ahead of him and in 2016, the THA allegedly acknowledged an error in the promotion process and promised to compensate him.

Winchester’s lawsuit contends that despite being the most senior employee, and the most experienced, when it came to promotions, he was repeatedly bypassed.

In May, his attorneys wrote to the THA giving it an opportunity to compensate Winchester and promote him, but this did not happen.

He filed his judicial review application, and Ramcharan granted him leave to file his claim for four declarations that that THA’s refusal to promote him was irregular, improper, unfair and unreasonable and that the failure to remunerate him deprived him of his legitimate expectation, as his juniors were allowed to function in the position of sanitation overseer.

Winchester was also allowed to file for two orders directing the THA to promote him to the permanent post of circulatory sanitation overseer and for the assembly to remunerate him for all loss of earnings while his juniors received higher pay packets ahead of him.

The matter will next come up for hearing on October 1.

Winchester is represented by attorneys Martin George and Sarah Lawrence.