Duke's application for interim PSA pension dismissed

THE High Court has dismissed former Public Services Association (PSA) president Watson Duke’s application to the court for interim pension from the union. He has been ordered to pay costs as well as a five-figure sum, which was paid under an earlier order.

In June, Duke sued the PSA, saying his rights and contract of employment were breached by the PSA’s refusal to pay his pension, which could lead to bankruptcy. He said when he left the union after being appointed deputy Chief Secretary of the Tobago House of Assembly in December 2021, he was 45 and had not yet reached the retiring age of 50, which is optional, or 60, which is compulsory.

He said an agreement had been reached between himself and PSA president Leroy Baptiste that he would receive his pension benefits according to the 2009 PSA resolutions, which provided for payment of two-thirds of the final salary and parity with similar public-service positions. On June 28, the High Court ordered the PSA to pay Duke 50 per cent of his final salary when he was at the union’s helm as his pension benefit until his lawsuit went to court.

A release from the PSA said on September 2, Justice Marissa Robertson dismissed Duke’s injunction after considering the evidence and arguments from both sides.

“(The court) concluded that the resolutions Mr Duke relied on, particularly his argument regarding the removal of the age requirement for pension eligibility, were not as strong as the PSA's opposing views.

“On the matter of Mr Duke’s claims of financial hardship, the court was not persuaded that the PSA should bear the burden of his inability to meet his financial obligations. The court deemed it unjust to grant the relief Mr Duke sought, especially given the unlikelihood of him being able to later honour a cross-undertaking in damages.

“Additionally, the court noted that since Mr Duke has not yet reached retirement age, there is no imminent application of the relevant PSA resolutions that he relied on to support his case.”

Duke was ordered to repay the sum of $18,875 that he was paid after the order on June 28.

The PSA said while the substantive issues regarding Duke’s claim for pension and superannuation benefits are yet to be fully adjudicated, the union remains confident in the case it has put forward as its defence. The PSA said it has also filed a counter-claim against Duke, which is pending before the court.

In a WhatsApp response to questions from Newsday on September 2, Duke said, “I have just received the judgment, and I would like to take the time to review it and consult with my attorneys before providing a response on this important matter, about which I hold strong convictions.”