“PURE HATE and acting normal” were the words of a popular hit of dancehall artist General Grant playing on repeat in the head of a High Court judge as she wrote her decision in the lawsuit involving the Equal Opportunity Tribunal.
Lay assessor Veera Bhajan brought a case against the tribunal and its chairman, Donna Prowell-Raphael, for failing to give effect to her presidential appointment.
On Tuesday Justice Avason Quinlan-Williams granted Bhajan all the declarations she sought against the tribunal and its chairman over their refusal to have her take up her position since March 17, when she took the oath.
She was also awarded damages to cover her financial loss from the date of her appointment, all the benefits owed to her as set out in the 100th report of the Salaries Review Commission, and continuing until the end of her three-year term, once she remains in office, as well as interest on these sums.
For her embarrassment and humiliation, she was awarded $100,000 and for injury under those headings, another $100,000. These will be paid by the tribunal and its chairman.
The Attorney General will have to pay an additional $250,000 in vindicatory damages on behalf of the State to register the “public outrage” over what occurred and the gravity of the breaches to Bhajan’s rights.
Quinlan-Williams also granted all the declarations sought, including that the failure by the tribunal and its chairman to give effect to her appointment was unlawful, contrary to law, in excess of their jurisdiction, abuse of power, in conflict with the Equal Opportunity Act, in bad faith, null and void and deprived her of her legitimate expectation.
The judge also ordered the tribunal and its chairman to comply with the presidential appointment and granted an injunction restraining them from preventing her from fulfilling her duties and receiving her salary and allowances.
In addition to the compensation ordered, the tribunal and its chairman will also have to pay Bhajan’s legal costs.
Quinlan-Williams admitted it was a difficult judgment to write, but not because of the facts and law.
“It was difficult to pen.” She said as she tried to quiet her mind, she kept hearing Grant’s song, Pure Hate ‘n actin’ Normal.
She also said it was inexplicable the matter had reached the court.
In a summary of her decision, Quinlan-Williams said she chose not to repeat many of Bhajan’s accomplishments, since they were hers and she had nothing to prove.
“She is a whole person with nothing to prove,” she said. Bhajan, she added, had to make adjustments “to live in this world and society we take for granted.
“Society has done little to adjust to meet her needs. She bears the burden of adjusting to make her life manageable,” the judge said, adding that Bhajan’s life was the best testament to social welfare. “Her experience is from the time of her birth. She has lived it,” she added.
The judge added it was no surprise Bhajan was chosen as a lay assessor because of her strong will and fortitude.
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