A notice of an appeal has been served to the Full Court in relation to a landmark decision on November 27 by Justice Damone Younge which pronounced on the obligation of the NIS and employers for the maintenance of accurate and complete records.
The appeal by the NIS will raise eyebrows as the decision was seen as a boon for persons who have been denied their right a NIS pension largely due to their employers not paying over contributions to the National Insurance Scheme (NIS) and the poor state of the Scheme’s records.
In the notice of appeal filed by Mohabir A Nandlall and Associates, the grounds of appeal include: the judge misdirected herself in application of the provisions of the National Insurance and Social Security Act and regulations; the judge misdirected herself in applying Section 17 (1) C of the act and regulations and failing to apply the provisions of Section 45 of the principal act.