WPC loses wrongful dismissal case » EntornoInteligente

WPC loses wrongful dismissal case

Entornointeligente.com / A 48-year-old po­lice­woman from To­ba­go has lost her law­suit over be­ing wrong­ful­ly dis­missed af­ter she in­jured her an­kle in a work­place ac­ci­dent al­most eight years ago.

De­liv­er­ing a de­ci­sion, yes­ter­day, High Court Judge Frank Seep­er­sad up­held an ap­pli­ca­tion from the Of­fice of the At­tor­ney Gen­er­al to strike out Cpl Karen Wilt­shire-James’ wrong­ful dis­missal law­suit against the State.

Seep­er­sad not­ed that Wilt­shire-James’ case was an abuse of process as she has a sep­a­rate pend­ing law­suit seek­ing over $500,000 in com­pen­sa­tion for her in­jury.

He said that her le­gal is­sues could ad­e­quate­ly be dealt with in that case with­out the need for the oth­er be­fore him.

Seep­er­sad said: “The Court is sym­pa­thet­ic to the Claimant’s is­sues of rep­re­sen­ta­tion how­ev­er those cir­cum­stances can­not be used to cir­cum­vent the clear abuse of process which aris­es in this mat­ter.”

“Ul­ti­mate­ly, the Claimant can­not and ought not to be al­lowed sev­er­al bites at the same cher­ry,” he added.

Based on his rul­ing, Seep­er­sad or­dered Wilshire-James to pay the State’s le­gal costs for de­fend­ing the sec­ond law­suit be­fore him.

In the orig­i­nal law­suit, filed in No­vem­ber 2017, Wilt­shire-James is claim­ing that the T&T Po­lice Ser­vice (TTPS) was neg­li­gent in fail­ing to pro­vide a safe work­ing en­vi­ron­ment at the Scar­bor­ough Po­lice Sta­tion.

Ac­cord­ing to the ev­i­dence in the case, Wilt­shire-James was walk­ing in a cor­ri­dor at the sta­tion on De­cem­ber 10, 2013, when a rim and tyre, which was be­ing stored as ev­i­dence in an on­go­ing case, fell on her foot.

While the po­lice pros­e­cu­tor ini­tial­ly ig­nored the in­jury, she was forced to go to hos­pi­tal the fol­low­ing day af­ter she was un­able to walk or stand for ex­tend­ed pe­ri­ods.

She was giv­en sev­er­al weeks of sick leave, which was ex­tend­ed af­ter she at­tempt­ed to re­turn to work and con­tin­ued to suf­fer pain and dis­com­fort.

She claimed that she was then placed on ex­tend­ed sick leave with­out pay and her back pay for salary ne­go­ti­a­tions be­tween 2011 and 2013 was with­held.

In re­sponse, the TTPS con­tend­ed that Wilt­shire-James fab­ri­cat­ed her in­juries.

Ac­cord­ing to its de­fence to the law­suit, the TTPS is claim­ing that two se­nior of­fi­cers walked through the cor­ri­dor be­fore her and did not see or hear when the al­leged ac­ci­dent took place. It is al­so con­tend­ing that, if it did oc­cur, it was due to Wilt­shire-James’ neg­li­gence.

It al­so claimed that the TTPS’s hu­man re­source de­part­ment de­cid­ed to freeze her salary and refuse to place her on in­jury leave as its in­ter­nal in­ves­ti­ga­tions showed that her al­le­ga­tions were false.

In the law­suit be­fore Seep­er­sad, Wilt­shire-James claimed that she was al­so by­passed for pro­mo­tion as she was placed on the mer­it list but was not pro­mot­ed along­side her col­leagues that had placed low­er than her.

She claimed that she learned that her pro­mo­tion was af­fect­ed by is­sues with her in­jury.

She was rep­re­sent­ed by St Clair Michael O’Neil, Na­dia Scott and Jash­min Sandy, while Ke­l­isha Bel­lo and Nisa Sim­mons rep­re­sent­ed the State.

LINK ORIGINAL: The Trinidad Guardian


URGENTE: Conoce aquí los Juguetes más vendidos de Amazon www.smart-reputation.com

Cafecito Informativo

Smart Reputation

Noticias de Boxeo

Boxeo Plus
Boxeo Plus
Repara tu reputación en Twitter con Smart Reputation
Repara tu reputación en Twitter con Smart Reputation


Smart Reputation

Smart Reputation