FORMER Public Services Association (PSA) president Watson Duke is suing the union over his pension.
Duke, political leader of the Progressive Democratic Patriots, filed the lawsuit earlier in June.
In it, he is asking for declarations that his rights and contract of employment were breached by the PSA’s refusal to pay his pension.
The lawsuit also said as a result, Duke is facing bankruptcy.
“As a result of the delayed pension payments, the claimant has been unable to meet his financial obligations, leading to unpaid debts and legal actions from creditors, including banks, over nonpayment of loans and credit cards.
“The claimant is now facing the imminent risk of being declared bankrupt by the courts due to his inability to pay his debts.
“If declared bankrupt, the claimant fears that he will be prevented from participating in the upcoming general elections…”
The Representation of the People Act disqualifies anyone declared bankrupt from holding office in a registered party.
“This would cause irreparable harm to the claimant’s political career and deprive the electorate of their choice of representative.
“The claimant, as the political leader of the PDP and a career politician, must remain free from bankruptcy to fairly compete in all upcoming elections in Trinidad and Tobago.”
Duke is seeking compensation of $729,833.33 as special damages and $25,166.67 as continued payment of his regular monthly pension benefits of two-thirds of his former salary, starting from June 20.
Duke is represented by Chelsea Edwards and Farai Hove Masaisai.
He was the PSA’s president from November 2009-December 2021, when he was appointed deputy Chief Secretary of the Tobago House of Assembly.
His lawsuit said the PSA’s general council passed resolutions to allow for the terms of conditions of employment of a president to be parallel to that of a permanent secretary in the Public Service.
It recounted changes to the pension scheme which dealt with the qualifying age requirement for benefits for full-time officers and increases in pension sums from 50 per cent to two-thirds of final salary. The resolutions also set the criteria for when full-time officers would be eligible for a pension, which is after ten years' continuous full-time service for the PSA and four years' full-time service in a particular position.
Duke’s lawsuit said when he left the PSA, at 45, he had not yet reached the retiring age of 50, which is optional, or 60, which is compulsory.
However, it said it was agreed between himself and PSA president Leroy Baptiste that he would receive his pension benefits according to the 2009 resolutions which provided for payment of two-thirds of the final salary and parity with similar public-service positions.
Duke’s claim alleged Baptiste gave assurances that Duke would be paid according to the 2009 resolutions. In early 2022, the lawsuit said the two met and assurances and commitments were given to settle the payment of the pension. The two again had the same conversation in early 2023.
The law
