THE Court of Appeal has dismissed an appeal by public servant Farzia Mohammed, ruling that her reassignment within the Ministry of Agriculture, Land and Fisheries was a lawful administrative posting and not a transfer requiring review by the Public Service Commission.

In a majority decision delivered by Justice of Appeal Nolan Bereaux, the court held that Mohammed’s move from the Regional Administration North Engineering Unit to the St George West County Office – Lands Unit fell within management’s authority to deploy staff within the same division and ministry. As a result, regulations governing transfers and commission review did not apply.

Mohammed, an acting Agricultural Assistant III whose substantive post is Agricultural Assistant II, was reassigned effective July 1, 2022, to fill a supervisory vacancy. She challenged the decision, arguing it amounted to a transfer under the Public Service Commission Regulations and that her constitutional rights were breached when the matter was not referred to the commission for review.