Judicial review: transforming the practice of human resource management in the public service of Trinidad and Tobago

The following research aims at assessing to what extent Judicial Review has been transforming the practice of Human Resource Management in the Public Service of Trinidad and Tobago as it relates to the functions of the Service Commissions and the Service Commissions Department. With the passage of the Judicial Review Act in 2000 and the removal of the ‘ouster clause’ which permitted public officers to challenge the decisions of Service Commissions, there has been a preponderance of Judicial Review applications by public officers who are aggrieved with the Commissions’ decisions. Further, there is a general perception that the Judicial Review judgements in this regard have been impacting on Public Service Human Resource Management. This research examines the judgements of the Courts of Trinidad and Tobago and the Privy Council of London over the period 2000-2015 to determine whether there is any veracity in this perception. The research was conducted utilizing qualitative methodologies in that a phenomenological approach was adopted. This permitted the use of a case study, interviews and purposive sampling of Human Resource Management practitioners, senior officials, members of the Service Commissions and legal officers who have a rich knowledge of the subject. Other methods employed in the research were, Hermeneutics due to the legal aspect of some parts of the research that aided in the narratives contained in the texts of the judgements. Grounded theory permitted the building of theories and a hypothesis that were germane to the research. The research shows that Judicial Review has been transforming the practice of Human Resource Management in the Public Service due to its legislative framework which has its genesis in Public Law and which governs the practice. Further, it reveals that the Court is playing a critical role in Public Service Human Resource Management due to its inherent supervisory jurisdiction. The research also enunciates that Public Service Human Resource Management is underpinned by Public Law and that a good understanding of Public Law is critical to the practice of Human Resource Management in the Public Service. The research argues that universal prescriptive Human Resource Management models cannot guide Human Resource Management practices in the Public Service due to its restrictive legal framework. Finally, a model has been designed, which is underpinned by Public Law, for the practice of Public Service Human Resource Management. It is advocated that this model is a template for Strategic/ Contemporary Public Service Human Resource Management. The use of this model should lessen the number of Judicial Review applications by public officers and should contribute to good Human Resource Management and by extension, good Public Administration.