Fahie v Attorney General

• Jurisdiction: Anguilla
• Judge: Joseph, Monica J.
• Judgment Date: 06 November 1984
• Neutral Citation: AI 1984 HC 1
• Docket Number: Civil Suit no. 10 of 1983.
• Court: High Court (Saint Christopher, Nevis And Anguilla)
• Date: 06 November 1984

High Court

Joseph, J.

Civil Suit no. 10 of 1983.

Fahie

and

Attorney General

Mr. I.D. Mitchell for Plaintiff

The Honourable Attorney General in person

Constitutional law - Fundamental rights and freedoms — Property rights

Facts: The plaintiff claimed a declaration that the salary earned by her as a civil servant was property, and a deduction from it not made in accordance with the statutory rules infringed her rights under section 7 of the Anguilla Constitution. The issues to be decided were whether the plaintiff's rights under section 7 of the Constitution had been infringed and whether the word “property” in that section included the salary earned by the plaintiff.

Held: The word “property” included salary payable to the plaintiff. The plaintiff was entitled to have the amount deducted from her salary repaid.

Joseph, Monica J.

1 The plaintiff in a Statement of Claim claims -

• (a) a declaration that the salary earned by her as a Civil Servant is property and a deduction from it not made in accordance with statutory rules infringes her rights under section 7 of the Anguilla Constitution;

• (b) a declaration that the deductions made from her salary without her consent or without statutory authority are illegal;

• (c) a declaration that she is entitled to have the funds deducted to date of judgement repaid to her;

• (d) damages.

2 The defence is that the plaintiff -

• (a) was sent to Barbados to pursue a Diploma in Education Course and accepted the course on the terms and conditions then existing and applicable to government officers attending courses abroad in accordance with government's policy;

• (b) knew that the policy was to pay her a subsistence allowance of Barbados currency $700 a month in addition to her full Anguillan salary and no more;

• (c) received from the Barbados Government a salary of $898.51 per month, when as part of the course she was assigned as a temporary teacher to a Secondary School;

• (d) was overpaid the sum of $9,883.61 which was recovered from the plaintiff by deductions from her salary.

3 My findings are - by letter of 11th February 1981, the University of the West Indies, Barbados, wrote the Permanent Secretary, Ministry of Education, Anguilla, advising that the University was offering a one year In-Service Diploma Course and that the Government of Barbados would be financing the programme. The University offered a place to a person sponsored by the Anguilla Government and wrote thus -

“The offer is subject to the applicants being sponsored by their Governments and (since the programme is an In-Service one) to the availability of teaching posts at educational institutions in Barbados which are designated as approved by the Barbados Ministry of Education.

Since sponsorship by your Government as well as arrangements for such students to teach in Barbados are necessary conditions we are not advertising the programme in the public media in your country”.

By letter of 24th April 1981, Allister Richardson, Administrative Secretary, Ministry of Social Services, Anguilla, wrote the permanent Secretary, Ministry of Education, Barbados, requesting a teaching post at one of the Educational Institutions in Barbados for the academic year 1981/82, on behalf of Verna Fahie, the plaintiff in this matter. The writer advised the addressee that the plaintiff had already applied to the University for a place on the In-Service Diploma in Education Course. The last paragraph of the letter reads - “Meanwhile, I should be grateful if you would advise me of the conditions and terms of service of such an appointment. More specifically, I would like to know the salary you normally offer such teachers, and also the financial contribution, if any, you would expect from the sponsoring Government.”

4 I interpret the last paragraph to mean that the administrative secretary envisaged that salary would be payable to a teacher who obtained a teaching post in an educational institution as part of the In-Service Diploma Course in Education, but was unaware of the quantum. He was also enquiring whether the Government of Anguilla would be required to contribute towards the salary so paid. Unfortunately, the administrative secretary did not receive a reply to this request for information before the plaintiff proceeded to Barbados.

5 By letter of 8th July 1981, the director of the course, University of the West Indies, wrote the plaintiff conveying information relative to the course. After receipt of this letter, the plaintiff met with the administrative secretary and discussed with him the terms and conditions of the course. The plaintiff was told that she would receive her full Anguillan salary and subsistence allowance of Barbados currency $700.

6 The plaintiff wrote the administrative secretary a letter dated 1st August 1981, reporting her arrival in Barbados, and advising of expenses she had incurred. On 2nd September, 1981 the permanent secretary, Ministry of Education and Culture, Barbados wrote the plaintiff (copying to director of In-Service Diploma in Education) directing her to report to the Springer Memorial Secondary School and advising that she would receive salary at the rate of $663.50 a month.

7 By letter of 22nd July 1982, the permanent secretary, Ministry of Education, Barbados wrote to the administrative secretary thus -

“I am directed to inform you that in view of the present economic situation, the Government of Barbados is no longer in a position to provide financial assistance in the quantum of the payment of a part-time rate of one-half the minimum salary of the post of graduate teachers in our schools to Caribbean Nationals who might be admitted at the Cave Hill Campus of the University of the West Indies to pursue the In-Service Diploma Course.

I am to advise you that the Governments of such students will now be required to provide full subsistence allowance to any of their Nationals who might be accepted for this course for the 1982/83 academic. In order, however, that...