HHB advised the largest public service union on the constitutional interpretation of a “public officer” and related public law and constitutional issues. The advice undertook a detailed analysis of Commonwealth Caribbean jurisprudence, including the role of appointment by the Public Service Commission, the courts’ restrictive construction of both “public office” and “public officer”.
HHB further identified and analysed a constitutional lacuna arising from the prolonged engagement of individuals in de facto public office without formal appointment, and advised on novel grounds for redress based on the constitutional right to the protection of the law. The advice included strategic guidance on pleading, remedies, and the prospects of successful proceedings at the appellate level.
