Police sick out: Federation wants injunction set aside
Chairman of the Jamaica Police Federation, Sergeant Raymond Wilson, this afternoon filed an application in the Supreme Court seeking an order to have the injunction granted against his organisation and its members set aside.
The government through the Attorney General (AG) obtained a 28-day emergency injunction on Tuesday night to force protesting rank and file members of the police force to go back to work.
Some cops have been on a sick out since Monday night.
Sergeant Wilson is claiming that the civil procedure rules provides that a respondent, to whom a notice of application was not given, may apply to the court for any order made on the application to be set aside or varied.
He is contending that there is no lawful basis to grant the injunction as there is no substantive cause of action.
He further says there is no issue or serious issues to be tried.
And Sergeant Wilson is claiming that the Attorney General (AG) has not disclosed to the court the role it has played in the existing status quo.
The federation chairman is also claiming that the AG is abusing the process of the court, in that, before going before the court it failed to use the existing statutory framework to achieve its desired objective.
Sergeant Wilson says if the court were to allow the mandatory injunction to stand, it would have effectively taken away the right of members of the Jamaica Constabulary Force to negotiate for improved working conditions and force members to work in a situation where they have submitted legitimate medical certificates.
He says members are entitled by law to take sick leave and that the federation is not aware of any evidence provided to the court to prove the members are not suffering from specific maladies.
Sergeant Wilson says each sick leave case has to be examined on its own merit before the court can make an order to have individual members return to work.
He is categorically denying that any member of the federation executive caused, or attempted to cause, or did any acts calculated to cause disaffection among members of the police force or induce any member to withhold services or commit breaches of discipline.
He wants the AG and Commissioner of Police to prove that this was done by the federation.