The Judicial Board of the Privy Council has determined an appeal by Dr Boufoy-Bastick, a lecturer at the University of the West Indies, from a decision of the Court of Appeal in Jamaica.
The Board found that Dr Boufoy-Bastick was contractually entitled to supplementary pension benefits under the Federated Superannuation Scheme for Universities for members who had completed 10 years’ continuous service immediately prior to retirement. Although his total length of service fell short by 36 days, a flexible but objective interpretation of the terms of his contract and the fact that he had undertaken all the service requested of him for 10 academic years were such that the University was taken to have agreed or accepted that he had completed the requisite period of service. Robert-Jan Temmink successfully represented the appellant.