A protracted legal battle between former Public Services Association (PSA) president Watson Duke and the trade union over pension entitlements will proceed to trial in May 2027. Justice Marissa Robertson has established May 17-18, 2027, as the designated trial dates during a status hearing on December 4.
Duke initiated litigation in June 2024, alleging the PSA violated his employment contract by withholding pension benefits following his December 2021 resignation. His departure from the union presidency coincided with his brief tenure as Tobago House of Assembly deputy chief secretary. The former labor leader contends this resignation should not disqualify him from receiving his pension.
The legal journey has encountered multiple judicial reviews. Duke previously secured an injunction from Justice Frank Seepersad, who ruled without PSA’s representation, granting temporary financial relief based on Duke’s claims of severe hardship including mortgage defaults and $130,000 credit card debt.
However, the PSA successfully challenged this injunction, presenting evidence that Duke had received a $203,850 gratuity in March 2023 and had alternative pension options through his prior employment with the Water and Sewerage Authority (WASA). Justice Robertson overturned the injunction, a decision subsequently upheld by the Appeal Court.
The Appellate Court, while acknowledging minor procedural errors in Robertson’s ruling, affirmed that her overall judgment was sound. Justice Eleanor Donaldson-Honeywell noted the PSA would face irrecoverable financial harm if forced to pay pending trial, particularly given uncertainties about Duke’s ability to repay should he ultimately lose his case.
Notably, the court did reverse one element of Robertson’s order requiring Duke to repay $18,875 received during the injunction period, citing lack of procedural foundation for this requirement.
Legal representation includes Kelvin Ramkissoon for the PSA and Farai Hove Masaisai for Duke. The former union president has submitted three witness statements supporting his claim as the case advances toward its 2027 trial date.