In another landmark judgment by the Equal Opportunity Tribunal this week, Kerwin Simmons came out victorious in a case that dealt with discrimination on the basis of race against his employer, the Water and Sewage Authority (WASA).
WASA was ordered to pay Simmons compensation in the amount of $186,000 with interest at the rate of six per cent per annum from the date of filing the complaint. WASA was also ordered to pay Simmons’ legal cost of $27,900.
The judgment was delivered by chairman Rajmanlal Joseph. The two other lay assessors were Leela Ramdeen and Harridath Maharaj.
Simmons said he was happy with the decision by the tribunal and said it was just a “step one victory.”
Simmons, who began his employment at WASA in October 1989 as a Clerk 1, said he was treated less favourably than another employee of WASA, identified as Simon Bahaw.
Simmons said he was victimised by WASA and that the process of victimisation began shortly after he wrote a memorandum, dated November 9, 2006, requesting an investigation into Bahaw’s qualifications.
Simmons also contended the victimisation process was accelerated shortly after he lodged a complaint of discrimination with the Equal Opportunity Commission on October, 30, 2012.
WASA, on the other hand, asserted it did not discriminate against Simmons on any factor, including his race (which is of African descent) but chose Bahaw for the promotion to network communications administrator solely on qualifications and suitability based on the candidate’s experience in the information technology environment.
Further, WASA alleged that Simmons had refused to follow instructions with respect to access and control security systems of the authority.
In addition, WASA further alleged it lost confidence in Simmons to discharge his duties in a responsible and effective manner as a result of giving himself full administrative privilege to the Sym Secure Systems without authorisation.
Sometime during the latter part of 2006, Simmons attended a meeting with the then general manager, Information Systems of WASA and was informed his acting appointment would be terminated as a result of the memorandum, dated June 13, 2006, written by Bahaw indicating that Simmons did not have a degree while, he, Bahaw possessed numerous certification, including a degree.
It was a requirement of the job that the holder must have a BSC degree in computer science, computers and telecommunication or electrical and computer engineering or equivalent.
Simmons was put back into his substantive position of IT Officer on August 1, 2006 and Bahaw replaced him as acting ANTA, which, at the time, was a senior position to that of IT Officer.
Simmons further said that sometime in 2005 Bahaw contested another employee for the position of acting ANTA and was not considered, since at that time, he did not have a degree.
However, in 2006 Bahaw presented an associate degree, dated 2006, and when informed that it would not suffice, he then presented a Bachelor of Science Degree, dated 2004.
Simmons maintained that he made numerous complaints to WASA but there were no positive responses but insisted he was victimised by WASA due to the fact that he was transferred out of the MIS Department to the Transport Department where his skills and qualifications in information technology would not be properly utilised.
Simmons, in an interview, subsequent to the favourable judgment, said he intends to now take up the matter in the Industrial Court.