High Court rules NIS must pay pension to former TPL employee

Last Updated on Tuesday, 28 November 2023, 16:20 by Denis Chabrol

Mr Shariff Zainul flanked by Attorneys-at-Law Christopher Ram and Christopher Johnson

High Court Judge Damon Younge on Monday ruled that the National Insurance Scheme (NIS) must pay Old Age Pension to a man 60 years and older after he was able to prove to the court that he had worked for several years with Toolsie Persaud Limited (TPL) and that contributions had been deducted from his salaries.

The decision was handed down in a case brought by former carpenter of TPL,  Shariff Zainul against NIS after he was able to prove by letter that he had been employed there and payslips had stated that social security contributions had been deducted from his salaries.

“The applicant should not be made to suffer for failure of the respondent (NIS) and TPL to reconcile their records or to have an accurate record of the contributions made by the applicant, for the failure of TPL to pay over the applicant’s contributions made by the applicant, or for the failure of TPL to pay over the applicant’s contributions to the respondent,” the judge said.

The High Court ordered the NIS to credit Mr Zainul 354 contributions which his former employer, TPL, failed to remit to NIS while he worked there from 1992 to 2000. The NIS was also ordered to pay Mr Zainul his NIS Old Age Pension effective October 16, 2011 to the date of his 6oth birthday.

Mr Zainul was represented by Attorney-at-Law Christopher Johnson from the law firm Christopher  Ram and Associates.  Mr Ram indicated that he has not received any indication from NIS that the decision would be appealed.

Justice Younge also ordered that Mr Zainul be paid interest on his arrears of pension at a rate of 6 percent per annum from October 16, 2011, the date of his 60th birthday, to November 27, 2023, the date of judgement, and thereafter 4 percent per annum until fully paid. The court said that the sums received by Mr Zainul as Old Age grants must be deducted from the arrears of pension.

NIS was ordered to pay Mr Zainul GY$150,000 in costs by December 29, 2023.

Justice Younge ordered that the letter submitted by Mr Zainul’s former Personnel Officer at TPL, Krishendatt Sahadeo  substantiating that he worked with the company from May 4, 1992 to December 31, 2000 is “good and sufficient proof of his employment there,” and and statutory declarations dated May 7, 2019 nu Surjupaul Danpaul and Kenneth Gordon “attesting” that he worked there from 1992 to 2000 were also “good and sufficient evidence” that he worked with that company.

In his evidence before the court, he also produced pay slips from TPL showing NIS deductions for 1993, 1994, 1995, 1996, 1997 and 1998 tp the NIS tribunal but was informed orally that his appeal was still unsuccessful. “No reasons for the tribunal’s decision were provided to him, but he was told that his total contributions had been updated to 453 contributions,” he said. He required 750 or more contributions to be paid NIS pension if those contributions had been added.

TPL’s wage records for May to December 1993, 1995 and 1996 reflect his name but not for 1993 to 1996 although he had payslips for those years. “These discrepancies in this Court’s view, clearly establishes that the contribution schedule of the applicant’s contributions submitted to the respondent by TPL was not inaccurate or incomplete,” the judge states.