The Public Services Association (PSA) has made good on its promise to appeal the judgment of the High Court in the TT Revenue Authority (TTRA).
The appeal was filed last week, and the PSA is seeking an injunction to block the authority’s implementation until the matter is heard and decided.
A statement from the PSA on Monday said, “The PSA is confident that it is necessary to preserve the status quo whereby public officers continue to serve in the Board of Inland Revenue (BIR) and the Customs and Excise Division (CED) where they are insulated from political interference until this case can be determined.
“As we anxiously await word from the Court of Appeal, we have instructed our legal team from Freedom Law Chambers, led by Anand Ramlogan, SC, to take immediate steps to prepare the arguments for this appeal in anticipation of an early hearing.”
On November 17, Justice Westmin James dismissed the case the PSA brought through its member customs officer, Terrisa Dhoray.
Initially, section 18 of the legislation, which President Christine Kangaloo proclaimed on April 24, gave public servants three months to decide on their future employment on the operationalisation of the TTRA. Affected public servants can choose to resign from the Public Service, accept a transfer to the TTRA, or transfer to another office in the Public Service.
However, the July 31 deadline for public officers to exercise their options under the act was extended to November 30.
The lawsuit contended specific segments of the legislation were unconstitutional, as they sought to interfere with the terms and conditions of employment of public servants currently assigned to the Customs and Excise Division and the Inland Revenue Division.
It was further argued that the Government did not have the power to delegate its tax-revenue-collection duties.
In his ruling, James said the TTRA was “meant to be a semi-autonomous revenue authority.
“The TTRA being an agent of the government for the assessment and collection functions with oversight of the minister, a member of the Executive, the executive function related to this aspect of taxation has not been removed from central government.”
He also held that the enforcement provisions of the act did not give the Finance Minister and the TTRA board the power of appointment, removal and disciplinary control over the public officers exercising their enforcement powers.
“Those powers over public servants remain with the Public Service Commission under the act.”
In its statement on Monday, PSA president Leroy Baptiste said, “The PSA calls upon the Government to respect the rights of workers and do the decent and honourable thing by agreeing to an injunction or extending the deadline for workers to make the mandatory choice between their current job and the TTRA.”
He added, “This case raises issues of fundamental constitutional and public importance. The PSA is on the public record as committing itself to taking this case all the way to the Privy Council if necessary.
“We stand firm in our