Ex-SSA employee loses wrongful dismissal, breach of contract lawsuit

The High Court has dismissed the claim of a former national security employee who alleged wrongful dismissal and breach of contract following the end of her fixed-term employment.

Justice Margaret Mohammed ruled that Myrtle Pilgrim-Edwards’ employment with the Strategic Services Agency (SSA) ended lawfully by the effluxion of time, and that there was no breach of contract or duty of trust and confidence by the State.

Pilgrim-Edwards had been employed in various national security roles between 1999 and 2017, initially with the Security Intelligence Agency (SIA), later with the Ministry of National Security, and finally with the SSA as a human resource specialist I. Her last contract, a three-year fixed-term agreement from December 1, 2014 to November 30, 2017, was not renewed.

Pilgrim-Edwards had argued that she had a legitimate expectation of renewal based on a history of continuous contract renewals over 18 years, and claimed damages for breach of contract, wrongful dismissal, and unfair treatment. She also sought compensation for lost salary, insurance payments, mortgage obligations, and damage to her professional reputation.

In its defence, the State contended that Pilgrim-Edwards’ previous employment with the SIA and the ministry did not automatically carry over to the SSA. The SSA, a statutory agency established under the Strategic Services Agency Act, required all employees to undergo a competitive recruitment process, which Pilgrim-Edwards successfully completed for the 2014–2017 contract. The government argued that her contract ended naturally on its expiration date and that no renewal was guaranteed.

Justice Mohammed found that Pilgrim-Edwards’ claim of a legitimate expectation of renewal was unsupported by any express contractual term or written assurance. The court also determined that customary procedures such as polygraph testing and vetting did not constitute a guarantee of continued employment. The letter notifying her of the end of her contract allowed her to take her remaining vacation days and clearly marked the conclusion of her employment.

Pilgrim-Edwards’ claim was dismissed, and she was ordered to pay the State’s costs of $73,870.