Veera Bhajan's lawyers await payment from Equal Opportunity Tribunal

Lawyers for Veera Bhajan said they have received a letter from the Equal Opportunity Tribunal (EOT) about the outstanding salary and benefits due to the 33-year-old lay assessor after last Tuesday’s judgement in her favour.

They said they are awaiting word as to whether or not she will be able to take up her position with the tribunal.

On November 23, High Court judge Avason Quinlan-Williams ruled the tribunal and its chairman, Donna Prowell-Raphael, acted illegally and in breach of their remit in blocking Bhajan from beginning work after President Paula-Mae Weekes appointed her in March. Quinlan-Williams ordered the EOT to pay $100,000 in damages for distress and embarrassment to Bhajan and another $250,000 for vindicatory damages.

Quinlan-Williams also granted all the declarations sought, including that the failure by the tribunal and its chairman to give effect to Bhajan's appointment was unlawful, contrary to law, in excess of their jurisdiction, abuse of power, in conflict with the Equal Opportunity Act, in bad faith, null and void and deprived her of her legitimate expectation.

The lawyers said the letter from the tribunal suggested the figures that would have been due to Bhajan and were awaiting the payment.

“We would assume she would be paid her outstanding arrears. They suggested what it would be, but part of the court’s order was for interest, so I think that’s the sticking point right now in terms of how they compute the interest, and we’re trying to work out the logistics in terms of that.”

The lawyers said they had noted the statement from the tribunal suggesting an intention to appeal, “but to date we have not been served with any notice of appeal from the EOT or from the chairman of the EOT.

"There is also a pending procedural appeal, as there was an application to set aside the leave and there was an appeal of the decision of the judge to deal with the hearing of that setting-aside application and the substantive hearing together. So that hearing is scheduled for September 6.

"So both sides have filed submissions and we are prepared to deal with the appeal on September 6.”