(Jamaica Gleaner) The government could find itself in a battle with some of the island’s judges, who are considering action to push for the payment of outstanding salary increases and emoluments they say have been owed for the past four years.
The Sunday Gleaner has confirmed that some courts started late last Monday as the judges delayed sittings for an hour while they met to discuss the appropriate action to take to impress on the Government that they want their money.
The judges are fed up with the manner in which they are being treated, and argued that this was a clear breach of the Judiciary Act.
“Unless the Government immediately rectify the situation, then we will be forced to adopt one of three measures,” a senior judge is reported as warning, while charging that the Government is not treating them with respect and fairness.
According to Sunday Gleaner sources, one judge told the meeting: “We are very, very serious about the matter. We just have to defend ourselves.”
The sources said three forms of actions were put forward at the meeting last Monday, with the judges to make a decision on the best option when they again meet later this month.
The Sunday Gleaner understands that the judges are contemplating a full withdrawal of their services, filing court action to get an order of mandamus to compel the Government to pay them, or to report the Government to the United Nations (UN).
It appears that the option of going to the UN is the one most favoured at this time, as the judges are aware that if they take their case to the local court they could be seen as administering justice for themselves.
The judges are relying on Article 14 of the United Nations Convention, which states that judges must be protected against conflicts of interest and intimidation. It states further that to safeguard the judges’ independence and status, and term of office, adequate remuneration, conditions of service, pension and the age of retirement must be adequately secured by law.
Under the Judiciary Act, the minister of justice has the power to appoint a commission every three years to enquire into the adequacy of salaries and benefits for judges and to make recommendations.
The report is to be submitted to the minister of justice within three months of the appointment of the commission and the minister “shall cause the report by the commission to be tabled in Parliament and the Senate”.
One of the complaints of the judges is that the last report by the commission in relation to their salary increases has not been tabled in either House, while another commission is to be appointed in April.
