Worker takes Government to court, says flexi-time request ignored for years

A High Court judge has granted an injunction in temporarily halting the hearing of a disciplinary tribunal until the end of a challenge brought by a computer operator at the Ministry of Works and Transport who wants a flexible work-time arrangement because of his medical condition.

Justice Carol Gobin granted the injunction on August 13.

She also permitted him to advance his lawsuit and prohibited the one-man disciplinary tribunal from proceeding. The ministry’s permanent secretary, who was named as the defendant, is also stopped from taking any disciplinary or punitive action, including suspending or firing him until his lawsuit is determined.

The judge also directed the permanent secretary to arrange for him to be assessed by the Medical Board of the Ministry of Health or consider his request for flexible work hours.

He was diagnosed with the condition in 2003, and has been asking for flexible hours since 2018 because of it.

His attorneys have asked that his name and condition not be made public because of the stigma attached to it.

His lawsuit said his representative union, the Public Service Association (PSA), submitted medical reports from doctors assigned to the North West Regional Health Authority as evidence of his condition.

In 2012, his symptoms became more severe and he was initially diagnosed as medically unfit to work.

However, because of a long wait to retire him, he was again reviewed by the Medical Board and found fit to work at the end of 2015.

During that time, he was promoted and his lawsuit says he is able to function and do the tasks required of him. However, because of his condition there would be occasions of extreme stress and anxiety, and other stressors that would trigger his condition.

He has asked for a flexible work time arrangement since the year 2018 so that he can come in later and leave work later.

However, his lawsuit said there had been no response to his requests. Four years later, his lawsuit said the issue of his late arrival to work was raised by his supervisor and the PSA again made a request for him to work flexi time. In June 2023, he was told he would be referred to the Health Ministry for an assessment but his lawsuit said no arrangements had since been made.

His lawsuit said his repeated request for flexible hours had been denied and he would be subjected to ridicule.

Because of his condition, his insomnia has gotten worse because of the stress and he now feels hopeless, he said in his lawsuit. It also said while there were days he would arrive to work late, he would also stay back later.

In May 2023, he was told he was in breach of the civil service regulations for arriving late to work. On July 11, 2024, he was charged with a disciplinary offence for being late for 4,612 minutes from January to March 2024.

“The respondents have refused for years to consider the applicant’s application for a flexible work time arrangement despite the fact that has medical evidence that details why he arrives late on mornings due to the insomnia and irregular sleep patterns.”

“The respondents are acting unreasonably, irrationally, irregularly, and abusing its power not to consider the applicant’s request for a flexible time work arrangement or to direct the applicant for the time and place to be medically examined by the Medical Board.”

He is represented by attorneys Rajiv Rickhi, Shveta Parasram, Ria Ramoutar, and Kelvin Seeharack.