High Court orders CoP to pay 59 police officers retroactive salaries

Fifty-nine police officers are set to receive a hefty payout after a High Court judge ruled in their favour, ordering the Commissioner of Police to compensate them for salary differences owed since their absorption into the police service (TTPS).

Justice Joan Charles made the order on March 21, at the end of a protracted legal battle over outstanding payments dating back to 2005-2007. The officers, formerly Special Reserve Police (SRP) drivers, argued that they had been working full-time since their enlistment but were not adequately compensated.

The dispute arose when the officers were formally absorbed into police service in 2009, with confirmation issued via a Departmental Order on September 9, 2010. The officers later learned that a Cabinet Note had allocated $10,983,600 for their retroactive salaries. This decision was based on a directive from the Chief Personnel Officer (CPO), outlining how SRPs should be paid.

The Note said the Cabinet approved an expenditure of $10,983,600 to cover salary arrears for 270 SRPs into the TTPS. This amount was allocated for 191 SRP Officers and 79 SRP Drivers who had been enlisted outside the SRP 1000 Project.

The note also referenced the CPO’s 1995 directive.

Despite this, the officers were never compensated, leading them to take legal action.

In their lawsuit, their attorneys Kiel Taklalsingh and Desiree Sankar argued that the failure to process their payments violated their legitimate expectations and was an act of unfairness and irrationality by the State.

“The allocation of this money, when taken with the Cabinet Note and Minute, meant that claimants acquired a legitimate expectation to have the said retroactive payment calculated and paid.

“This represented the policy of the defendant and the Cabinet and pursuant to the principles of good administration, the defendant ought to have paid this money to the claimants.”

Although only 59 took legal action, the court’s order is likely to affect a larger number of officers.

According to the lawsuit, the officers’ attorneys made multiple attempts to secure payment, including issuing a pre-action protocol letter in July 2022. The police’s legal unit repeatedly requested extensions, citing challenges in retrieving necessary financial documents and obtaining the Commissioner of Police’s decision. It was expected that the commissioner, now-suspended CoP Erla Harewood-Christopher, would have decided by May 2023.

By May 2024, with no response, the frustrated officers filed their lawsuit seeking declarations that the decision not to pay them their arrears was unlawful; they were owed the money outlined in the Cabinet Note and were entitled to it. They also asked for an order directing the commissioner to pay the arrears.