Justice of Appeal Dawn Gregory on Monday denied the Government’s application for a stay of Justice Nareshwar Harnanan’s ruling that deductions made from the pay of striking Linden nurses in 2021 be repaid.
Justice Harnanan in November last year had ruled that the deductions were illegal and ordered that they be paid by December 31st 2023. The state did not comply with that order and months after indicated that it will appeal the entire judgment, asking that a stay be granted on the repaying of the monies until the hearing of the appeal and decision.
The Government through the Solicitor General Nigel Hawke had argued that the actions by the Ministry of Health were justified under the Essential Services (Arbitration) Act Cap 54:01 (The Essential Services Act) as the employees concerned were nurses.