Booted press secretary claims unlawful dismissal, takes GG to court
Sonja Simms, a former press secretary to Governor General Sir Patrick Allen, has filed a constitutional claim against the Government of Jamaica, alleging unlawful removal from office, and is seeking full compensation for unpaid salaries and...
Sonja Simms, a former press secretary to Governor General Sir Patrick Allen, has filed a constitutional claim against the Government of Jamaica, alleging unlawful removal from office, and is seeking full compensation for unpaid salaries and benefits dating back to January 2022.
In the claim filed in the Supreme Court, Simms – who is represented by senior attorney Hugh Wildman – contends that she was never formally dismissed from her post and remains a public officer under Section 125 of the Constitution of Jamaica, which governs the appointment and removal of public servants. The attorney general is named as the defendant in the matter.
Simms, who also served as the deputy governor general’s secretary (personal) and national coordinator for the Governor-General’s Programme for Excellence, alleges that she was effectively removed from her position in January 2022, shortly after returning from a period of compassionate leave granted by the governor general in December 2021.
During her leave, Simms said she travelled overseas after informing Claudine Heaven, then secretary to the governor general, and the human resource director of her plans. However, upon returning to King’s House on January 3, 2022, she was reportedly summoned to a meeting with Heaven and instructed to go home. The reason given was that she had travelled abroad without permission. A letter later followed, directing her to await further instructions – yet, to date, she has not returned to her job.
RELIEF SOUGHT
Consequently, among the reliefs being sought are declarations that Simms remains a public officer and can only be removed in accordance with Section 125 of the Constitution; that no steps have been taken by the governor general, acting on the advice of the Public Service Commission, to have her lawfully removed from office; and that she is entitled to all the benefits of a public officer under the Constitution.
She is also seeking a declaration that Heaven’s actions, which prevented her from continuing her employment without proper compensation, amount to a purported removal from office without compliance with the provisions of the Constitution. Additionally, she seeks a declaration that no disciplinary proceedings have been instituted against her to justify her removal as a public officer.
The claim states that Simms was never informed that she was the subject of any disciplinary proceedings or given an opportunity to be heard.
According to her affidavit, Simms met with Sir Patrick in December 2021, during which she was granted 30 days of leave and told she was free to use it as she chose. She further states that she received written confirmation of the leave, along with a request to undergo a psychiatric evaluation, which she completed during her overseas trip.
Despite receiving salary payments up to March 2022, Simms alleges that she was officially removed from the Government’s payroll, effective April 1, 2022. The letter advising her of this, dated April 28, 2022, was not delivered to her until June 22, 2022.
SPORADIC PAYMENTS
In the months that followed, Simms said she received sporadic payments, including back pay for April to August 2022 and $15,000 a month from September to October before payments ceased from November 2022 onward.
She further claims that Heaven had advised her, via letter, to contact the Office of the Services Commission (OSC) with any issues. However, she says her efforts to reach the OSC were in vain.
In 2023, Simms sought employment at the Ministry of Industry, Investment and Commerce, but was dismissed after just over a month. In March 2024, she was summoned to a meeting with the OSC, where she says officials questioned her about the dismissal. Simms said she inquired whether she was eligible for pension and back pay from her tenure at King’s House. She was promised a follow-up, which remains pending.
Simms also claims that despite writing multiple letters to the OSC, including a direct appeal to OSC Chairperson Patricia Sinclair-McCalla, she has not received a formal response. Her most recent attempt, according to the claim, was a hand-delivered letter on September 2, 2024, which remains unanswered.