July 3 2008
START DATE
END DATE
February 17 2009
Regina v. The Permanent Police Tribunal and The Bermuda Police Association
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court Bermuda
Civil Law Employment Law
Kawaley J
Charles Richardson Philip Parry
Paul Harshaw
FACTS OF THE CASE:
R v. National Joint Council for the Craft of Dental Technicians (Disputes Committee) [1953] 1QB 704 Thames Water Authority v. Elmbridge DC [1983] 1 QB 570
SUMMARY:
Dispute over inclusion of Combined Allowance in police officers' salaries for pension purposes
OUTCOMES:
The Tribunal had the authority to decide on the inclusion of Combined Allowance in salaries but exceeded its powers by redefining it as a 'Salary Supplement' thereby conflicting with statutory definitions of 'salary'
RULED IN FAVOUR OF:
In favour of merging the allowance into salary correcting the overreach without fully quashing the award
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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