JCPC/2024/0020

Chief Fire Officer and 2 others (Respondents) v Siewnarine Ramsaran (Appellant) (Trinidad and Tobago)

Hearing listed

Case summary
Appeal
Change log

Case summary

Case ID

JCPC/2024/0020

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Siewnarine Ramsaran

Respondent(s)

(1) Chief Fire Officer

(2) Public Service Commission

(3) Attorney General of Trinidad and Tobago

Issue

Was the Appellant eligible for the position of acting Deputy Chief Fire Officer prior to and/or after August 2019, and by failing to consider him for the post did the First and Second Defendants: (i) act irrationally, illegally and/or unfairly; (ii) breach Regulation 155 of the Public Service Commission Regulations; (iii) breach the Appellant’s right to protection of the law under Section 4(b) of the Constitution, and consequently the Appellant’s right to procedural protection under Section 5(2)(h) of the Constitution; and, (iv) breach a legitimate expectation that he would be considered?

Facts

The Appellant is now a retired Fire Officer and worked for the Trinidad and Tobago Fire Service. At the time of his claim, the Appellant was a Divisional Fire Officer and acting Assistant Chief Fire Officer. In March 2019, the more senior post of Deputy Chief Fire Officer (“DCFO”) became vacant. In May 2019, the post of acting DCFO was advertised and the Appellant applied. In May 2019, the First Defendant informed the Appellant that he was not considered suitable as he did not possess the necessary qualifications, namely completion of the International Brigade Command Course (“IBCC”). Another Fire Officer was appointed to the post in July 2019. In August 2019, the Appellant successfully completed the IBCC and complained to the First Defendant that he should act as DCFO. In June 2020, the Appellant attempted to obtain assistance from the Second Defendant but no change was made. On 7 August 2020, the Appellant applied for judicial review of the failure to consider him for the post. The High Court allowed the claim for the period after August 2019, but dismissed the claim for the period prior to August 2019. The Court of Appeal allowed the Respondents appeal, dismissed the Appellant’s cross-appeal, and granted leave to appeal to the Judicial Committee of the Privy Council.