Watson Duke aims to take PSA pension battle to Privy Council

Former Public Services Association (PSA) president Watson Duke wants to take his legal battle to the Privy Council after failing once again to secure pension payments from the union while his lawsuit over its refusal to pay continues.

Duke’s attorneys have applied for conditional leave, challenging the Appeal Court’s ruling earlier this year. A ruling on the application is pending.

In January, Justices of Appeal Vasheist Kokaram and Eleanor Donaldson-Honeywell upheld Justice Marissa Robertson’s decision to discharge an injunction previously granted by another judge.

Duke initiated legal proceedings in June 2024, arguing that the PSA breached his employment contract by withholding his pension after he resigned in December 2021 to take up the short-lived role of Tobago House of Assembly (THA) deputy chief secretary.

He sought an injunction, citing severe financial hardship, including missed mortgage payments and $130,000 in credit card debt.

Justice Frank Seepersad initially granted the injunction on June 28 without input from the PSA. However, the union later applied to have it set aside, arguing that Duke had failed to disclose key information including that he could be dis-entitled to a pension from the PSA due to his resignation and because he already opted to collect a pension from the Water and Sewerage Authority (Wasa).

The PSA’s legal team, led by Senior Counsel Douglas Mendes and Kelvin Ramkissoon, also pointed out that Duke had received a $203,850 gratuity from the PSA in March 2023.

Justice Robertson granted the PSA’s application to discharge the injunction. When reviewing her decision, the appeal panel found that while she made minor errors in considering the case, her overall ruling was sound.

“Overall, the trial judge’s finding that, on a balance of justice, the respondent (PSA) would suffer some irremediable financial harm should the injunction be granted was not plainly wrong,” Justice Donaldson-Honeywell said. She also noted that Duke would likely be unable to reimburse the PSA if he ultimately lost his case.

The Appeal Court also held that Duke’s case did not meet the threshold for an interim payment order. However, she disagreed with the order requiring Duke to pay the $18,875 he received—after Justice Seepersad’s initial order but before it was overturned—into court, stating that the PSA had not requested such an order and the judge had not explained his reasoning.

A status hearing took place on March 19, with Justice Robertson setting deadlines for filing evidence ahead of a pre-trial hearing on November 13. No trial date has been set for the substantive matter.

Farai Hove Maisasai represents Duke.