Attorney General of Trinidad and Tobago (Respondent) v Favianna Gajadhar (Appellant) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2025/0085

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

FAVIANNA GAJADHAR

Respondent(s)

ATTORNEY GENERAL OF TRINIDAD AND TOBAGO

Issue

Was the Court of Appeal correct to set aside the trial judge’s findings that the Appellant’s right to property had been deprived under section 4(a) of the Constitution of Trinidad and Tobago? If so, was the Court of Appeal entitled to reduce the Appellant’s costs of the appeal by 50%?

Facts

Favianna Gajadhar (“the Appellant”) was appointed to the rank of Prison Officer I in the Trinidad and Tobago Prison Service in 2000. In 2003, she passed the promotion exam for the rank of Prison Officer II. The Appellant was granted two periods of absence. In October 2004, she undertook a period of sick leave after she was injured in a fall at the Women’s Prison, Golden Grove. In June 2006, the Appellant had a baby and took maternity leave. The Attorney General of Trinidad and Tobago (“the Respondent”) formally declared the Appellant as having resigned on 21 June 2007, even though the Appellant had sought to return to work after her maternity leave and provided certification in respect of her periods of absence. The Respondent ultimately did not allow the Appellant to resume her duties until 4 April 2022. The Appellant brought a claim under the Constitution of Trinidad and Tobago in respect of her treatment by the Respondent and unpaid salary and benefits. The High Court of Justice found a violation of section 4(a) (the right to the enjoyment of property), section 4(b) (the right to protection of the law) and section 129(4) (no penalty may be imposed on any public officer except as a result of disciplinary proceedings). The Respondent appealed to the Court of Appeal, which allowed the appeal in part, finding that the Appellant’s right under section 4(a) of the Constitution had not been breached. The Respondent was ordered to pay the Appellant 50% of the costs of the appeal. The Court of Appeal subsequently granted the Appellant final leave to appeal to the Judicial Committee of the Privy Council.

Date of issue

29 August 2025

Case origin

Appeal As of Right

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