Praying for justice for Nathan Craig and Shariff Zainul

Carpenter wins NIS pension in landmark ruling - Stabroek News # Carpenter wins NIS pension in landmark ruling Shariff Zainul (centre) flanked by attorneys Christopher Ram (left) and Christopher Thompson of Christopher Ram and Associates, Attorneys at Law. By Femi Harris-Smith November 29, 2023 A carpenter has won his case for pension, after taking the National Insurance Scheme (NIS) to court in what has been hailed as a landmark ruling that pronounced on the obligation of the NIS and the employer for the maintenance of accurate and complete records. ... NIS’ contention was that Shariff Zainul did not have the required number of contributions for the payment of old age pension, and was therefore entitled only to a grant. High Court Judge Damone Younge found, however, that Zainul was entitled to be credited the 354 contributions for the period he contested—which his former employer—Toolsie Persaud Limited (TPL)— had said he had not been employed. ... NIS’ case was that, because Zainul did not meet the minimum threshold of 750 contributions, he was not entitled to old-age pension; but based on his 453 recorded contributions was entitled only to the payment of an old-age grant which he had been paid. Zainul vehemently argued and resolutely maintained, however, that his former employer—TPL—failed to remit contributions on his behalf for the years 1992 to 2000 and so he had requested the insurance scheme to credit him with the 354 omitted contributions which would have entitled him to old-age pension. Instead, what the NIS did, was pay the pensioner a grant of $9,869 to reflect 426 contributions; and over time updated his contributions to 453 with an additional grant award of $14,549. Citing Regulation 3 of the National Insurance and Social Security (Benefits Regulations), Justice Younge said that a person who has attained the age of 60, and who has paid or been credited with 150 contributions and has paid or been credited with not less than 750 contributions is entitled to an old-age pension. ... recalled that in his efforts ... by TPL ... letter dated 1 ... former Personnel Officer of TPL, Krishendatt Sahadeo ... employed with TPL ... a carpenter for the period ... The Judge said that Zainul having been unable to obtain his employment records from TPL despite his valiant efforts, did what he could to provide proof that he was employed by TPL and that he made the requisite number of NIS contributions to entitle him to the payment of old-age pension. Justice Younge ... she found that the ... , May ... , the letter ... confirming Sahadeo ... , the statutory declarations and the pay slips that ... The Court would then go on to further find that Zainul was entitled to be credited the 354 contributions for that period which TPL failed to remit to NIS as the company was required to do under the Act. ... “This Court therefore finds that the Applicant is entitled to be paid an old age pension,” the Judge declared; while adding that the Applicant should not be made to suffer for failure of the NIS and TPL to reconcile their records or to have an accurate record of the contributions made by the Applicant, or for the failure of TPL to pay over the Applicant’s contributions to the NIS. ... Given her ruling, the Judge ordered that Zainul be paid his old age pension effective from October 16th of 2011 when he attained the age of 60 and that there be interest on his arrears of pension due calculated at the rate of the 6% per annum from his birthday, to when the judgment was delivered on Monday; and thereafter at the rate of 4% per annum until fully paid. Justice Younge further ordered that the sums received by Zainul as the grants, be deducted from the arrears of pension. Further, he was awarded court costs in the sum of$150,000 to be paid no later than December 29th, 2023.