The Tribune

By SANCHESKA BROWN

Tribune Staff Reporter

sbrown@tribunemedia.net

THE Office of the Attorney General has filed an appeal to overturn a ruling ordering that overtime pay be given to police officers who worked 12-hour shifts within the last two years.

Wayne Munroe, QC, the Police Staff Association’s (PSA) attorney, said yesterday that the Office of the Attorney General has “no basis” for the appeal and any “right thinking human being” knows that a person should be compensated for their work.

In his July ruling, Justice Milton 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 was not applicable because of its references to the Employment Act, which does not apply to police officers, Justice Evans determined that the salient point was that the commissioner had clearly set out the terms applicable to “officers who work overtime”.

Mr Munroe said he hopes the Christie administration is not “backtracking on a position they championed for” in 2002. However, he said, despite the appeal, he is pleased that the Office of the Attorney General is willing to meet with the PSA and “come to an understanding.”

“Before and after the ruling, the attorney general has in fact engaged us in discussion to suggest that we may wish to talk about it, notwithstanding that the appeal has been filed and to be clear they are challenging the entirety of the ruling of Justice Evans. We think they have no basis for doing so but that is a matter for the Court of Appeal. We would like to take up the attorney general’s (offer) to engage her office further in discussions.

“Justice Evans ruled that the officers either have to be paid or given time off in lieu. There have been a number of officers who are no longer on the police force who cannot be given time off and those are the persons the PSA would wish to contact to advise them of who they are so we may be in a position to sensibly engage the attorney general in discussions to resolve the matter,” Mr Munroe added.

“Everyone seems to say the officers ought to be compensated and the PSA reminds the present government that the Force Orders that we rely on were done so in 2003 and 2004. Anyone with political history would know that that was during (Prime Minister Perry) Christie’s first administration, so we are fairly certain that the government will not be backtracking on a position that it championed for the police force and when it was elected in 2002 acted to bring about.”

PSA Executive Chairman Dwight Smith said this is not the way the PSA wished to handle this situation but the group will continue to do what is best for its members.

It is estimated that the government would have to pay out $16.5 million to officers who worked overtime between separate periods in 2013 and 2014 in connection with the force’s 12-hour shift.