“SAVE THE UNION” v. THE SAINT LUCIA CIVIL SERVICE ASSOCIATION (CSA).
An Injunction compelling CSA to issue notice for an Extraordinary General Meeting Pursuant to Section 6.9 (i) and that the Applicants be Granted the Costs Occasioned by the Application.
The case was held at the High Court in Castries before Honourable Justice Francis Belle on March 8, 2016. The case was withdrawn by the lawyer representing the alleged “Save the Union” group, on the basis of 6.9 (j) of the CSA Constitution.
According to the CSA Constitution, Section 6.9 (j) states that:
The General Secretary shall, not later than fourteen (14) days after the receipt of the request issue notice for the holding of an Extraordinary General Meeting not later than twenty-one (21) days from the date of such notice. Provided, however, that such a meeting shall not fall within four (4) months prior to the holding of a Biennial Convention. If an Extraordinary General Meeting removes the Executive Council, it shall then immediately proceed to elect an Interim Executive Council, until the next Biennial Convention (p.13).
This was the same reason which the CSA gave to the Labour Commissioner as to why this meeting could not take place, when he issued an order compelling the CSA to convene this extraordinary meeting.
Present at the hearing, and representing the “Save the Union” group were:
- Lilia Auguste
- Marcia Clarke
- Nymphia Edwards
- Chris Fred
- Oliver Lawrence
- Cyprian Montrope
Other members of “Save the Union” not in attendance include:
- Cleopatra Anthony
- Barthelmy Fedee
- Veronica Forde
- Wenn Gabriel
- Fitzgerald John
- Samantha Williams
The grounds of the application were that:
- The CSA to issue notice of the hearing of an extraordinary general meeting pursuant to Section 6.9 (i) of the Constitution of the Saint Lucia Civil Service Association, which states that:
Notwithstanding any provision otherwise in these regulations, the entire Executive Council or any of its members may be removed from office during the period between any Biennial Conventions on a two-thirds (2/3) majority vote of those present and voting at an Extraordinary General Meeting held for this purpose at the request of at least seventy-five (75) financial members. Such request accompanied by their signatures shall be made to the Executive Council or any of its members. The request shall be sent to the General Secretary (p.12), and:
- The applicants be granted the costs occasioned by the application.
Despite the costs claimed by the group, the CSA did not ask for costs to be granted from the “Save the Union” members after the lawyer representing the “Save the Union Group” withdrew the application at the court hearing and the court was adjourned by Honourable Justice Francis Belle.