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Victory Behind Bars in Trinidad & Tobago: State Ordered to Pay $3.5M in Compensation to Wronged Prison Officer

 


Favianna Gajadhar, a resilient prison officer from Arima, has been granted leave by Justice Frank Seepersad to pursue her latest legal claim against the Commissioner of Prisons and the Attorney General. This follows a 15-year legal battle with the Public Service Commission (PSC), where she successfully obtained over $3.5 million due to a wrongful job abandonment declaration during a prolonged absence attributed to injury and pregnancy.

Gajadhar's journey within the T&T Prison Service commenced in 2000. Suffering from a debilitating back injury, she faced a challenging period of extended absence between 2004 and 2006. Despite the hardship, she courageously aimed to return to duty three months after the birth of her daughter in June 2006. However, her attempts were thwarted by her supervisor, who, despite Gajadhar's submission of sick leave and maternity certificates, declared her resignation effective June 2007, citing absence without leave from April 2006.

Undeterred, Gajadhar pursued justice through a judicial review, resulting in favorable rulings from the High Court and the Court of Appeal. Despite these victories, the Public Service Commission maintained its stance in November 2017, attributing the issue to an alleged problem with Gajadhar's maternity leave application under the Maternity Benefit Act.

Persisting against setbacks, Gajadhar initiated another lawsuit, securing victories once again at both the High Court and the Court of Appeal. The extended legal battle concluded in April 2022, with Gajadhar's reinstatement, marking a triumph for her perseverance.

However, the saga continues, as she is yet to receive her outstanding salary and benefits spanning 15 years. The PSC, in a perplexing move, instructed the Prisons Commissioner to "classify" her absence from duty.

In her recent lawsuit, Gajadhar challenges a new investigation into a fall that occurred 20 years ago, alleging unfairness and prejudice. Her legal team, including Anand Ramlogan, SC, Jayanti Lutchmedial, Kent Samlal, and Natasha Bisram, contends that the State's conduct is oppressive, arbitrary, and designed to penalize her for standing up for her legal rights.

Despite Gajadhar's success, she highlights in her lawsuit the oppressive nature of the State's actions, forcing her into continuous litigation without salary from 2007 to 2022. The legal action contends that the State's conduct is a constant shifting of goalposts, seeking to undermine previous court judgments and potentially bringing the administration of justice into disrepute.

Gajadhar is now seeking a declaration that the commissioner's decision is illegal, irrational, and unfair, aiming to quash the initiation of the new investigation permanently. Her pursuit of justice extends to damages, including vindicatory damages, underscoring the ongoing challenges she faces in her fight for fair treatment.

This tale of perseverance unveils the prolonged struggles of Favianna Gajadhar, who, despite legal victories, continues to face adversity in her pursuit of justice within the prison service. Stay tuned for updates on this ongoing legal saga. 📜⚖️ #JusticeForGajadhar #LegalBattle #FairTreatmentInWorkplace

Please also read the story of another Prison Officer Caramchand Sammy Case






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