The Tribune

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

ATTORNEY Wayne Munroe yesterday said the Police Staff Association was prepared to act on its Supreme Court ruling mandating police officers be compensated for overtime pay, adding that he was “puzzled” by the lack of official response.

Mr Munroe pointed out that the ruling gave Commissioner of Police Ellison Greenslade the opportunity to decide whether officers – who have worked 12-hour shifts within the last two years – were paid overtime or given time back.

However, Mr Munroe said the Police Staff Association has not received any communication from the police chief despite the fact that he was free to discuss the terms of compliance with the ruling with the Police Staff Association at his convenience.

Mr Munroe, legal counsel for the PSA, made his comments during an appearance on Guardian Talk Radio with Jeff Lloyd.

“What is a bit disconcerting,” he said, “puzzling and upsetting, is that you don’t have a sitting down with, even if it’s just the association to say let’s work it out.

“Since the ruling, nothing. This is the sort of thing that you should be able to work out. I would do that because I’d want to reduce cost, I would want to keep police morale high. Hopefully that will still happen perhaps they are just looking at it to see if it [ruling] is legally sound.

“We are prepared to do what is necessary to make sure that the thing works as it’s supposed to work and we encourage the persons on the other side to do the same.”

He added: “Whether they pay (officers) or give time back is a matter for the Commissioner of Police. But if you don’t have sufficient officers that caused you to do a 12-hour shift anyway, how you gone let all these people take this time back?”

Earlier this week, State Minister for Legal Affairs Damian Gomez - acting Attorney General at the time - told The Tribune that the government has not yet determined whether it would appeal Justice Milton Evans’ decision, saying officials are likely to discuss the way forward on the matter this week.

The 12-hour shift system was adopted in September 2013 to fight a surge in crime.

Last year, Commissioner Greenslade said that he reserves the right to enact the 12-hour shift system at his discretion and that compensation for officers is a “moot point”.

National Security Minister Dr Bernard Nottage said the government would not pay for the overtime worked.

In his ruling this month, Justice Evans said a Force Order issued by former Police Commissioner Paul Farquharson in 2003 was relevant to the matter, as it mandated that public officers be paid when they work for more than 40 hours in a normal 40-hour work week.

Although counsel for the government argued that the Order isn’t applicable because of its references to the Employment Act, which does not apply to police officers, Justice Evans determined that the salient point is that the Commissioner had clearly set out the terms applicable to “officers who work overtime”.

Mr Munroe said: “What the management level of the force has to understand is it’s members are saying this, if politicians want them to have 12-hour shifts, and mess with them to have 12-hour shifts, they have to have the ability to say yes mister minister, we’re going to do this here is your bill for this.”

“If someone jumps up and says there should be an armed police patrol in every subdivision,” he said, “the commissioner and his management team can sit down and do the math and tell them here is what it’s going to cost, if you are willing to pay this price you can get it, other than that stay your business out of policing.”

Mr Munroe said there was a prevailing disrespect for professionals at every level in the country with persons frequently commenting on matters with no formal knowledge on the subject.