Chief Fire Officer and another (Respondents) v Felix-Phillip and others (Appellants) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2019/0024

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Felix-Phillip and others

Respondent(s)

Chief Fire Officer

Public Service Commission

Issue

Did the Fire Service act unlawfully in passing over the Appellants for permanent promotion?

Facts

In 2008 the Chief Fire Officer of Trinidad and Tobago promoted a large number of fire officers to their next most senior rank by acting appointments "until further notice". However, when considering permanent promotions in 2009 and 2010 the Chief Fire Officer passed over most of these officers.38 fire officers sought judicial review of the Fire Service’s decision to pass them over for promotion. They made two arguments. First, their appointments were made "until further notice", i.e. indefinitely, and therefore should have been treated as permanent appointments. Second, the Fire Service’s points-based system for promotions was irrational, unfair and contrary to the Public Service Regulations which required it to give preference to those who had been appointed to the posts on merit on an acting basis.Madame Justice Charles accepted both these arguments, holding that the Fire Service had acted unlawfully in failing to promote the 38 officers. The Court of Appeal reversed her decision. The officers now appeal to the Privy Council.

Date of issue

18 March 2019

Judgment details

Judgment date

4 May 2020

Neutral citation

[2020] UKPC 12

Judgment links

Appeal

Justices

Hearing dates

Start date

3 March 2020

End date

3 March 2020

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