Keith Bell: Govt to appeal ruling on police overtime

Tue, Aug 4th 2015, 01:04 AM

The government intends to appeal a Supreme Court ruling that it should either pay outstanding overtime to police officers for spending weeks working 12-hour shifts or give them the equivalent in days off, according to Minister of State for National Security Keith Bell.

Supreme Court Justice Milton Evans ruled on the matter last month. When contacted for comment, Bell said, "It will be appealed. But even if it isn't, nothing changes. The commissioner of police will direct time off."

The attorney general and the commissioner of police are listed as the defendants in the lawsuit. Police Staff Association (PSA) Executive Chairman Inspector Dwight Smith, Sergeant Dwayne Rolle, Corporal Kevin Johnson and Police Constable Jason Knowles are listed as the plaintiffs.

Smith said the PSA is prepared to discuss with the government how to compensate officers. One recommendation was a combination of payment and days off, to "ease the burden" on the government. PSA attorney Wayne Munroe said officers are owed over $16 million. Officers were placed on 12-hour shifts on September 6, 2013 until December 2013. The shifts resumed on February 26, 2014.

In response to the PSA, Assistant Commissioner of Police Leon Bethell, in an affidavit, said, "No officer of the [Royal Bahamas Police Force] has ever been paid overtime as there is no such entitlement.

"Overtime is governed by the Force Policy B9 dated May 1, 2004." Bethell was referring to an order issued by then Police Commissioner Paul Farquharson on May 1, 2004, Evans said. Referencing another force order issued by Farquharson on January 29, 2003, which Evans said superseded the provisions of 2004 General Orders, the judge noted, "The commissioner notified the officers that the Employment Act 2001 now provided that the standard hours of work was modified to eight hours per day or 40 hours per week with effect from February 1, 2003."

Evans pointed out that at the end of Farquharson's communication he outlined that General Orders dictate that public officers must be paid for work done in excess of 40 hours and that the normal work week is 40 hours. David Higgins, who appeared on behalf of the defendants, argued that the Employment Act does not apply to police officers. But Evans said given the powers vested in the commissioner, it does not matter if the Employment Act applies to the officers.

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