Thu | Oct 19, 2017

Supreme Court turns down NCB challenge to employment dispute

Published:Tuesday | June 2, 2015 | 9:42 AMBarbara Gayle, Justice Coordinator

The Supreme Court has turned down an application by the National Commercial Bank (NCB) for leave to go to the Judicial Review Court to quash an Industrial Dispute Tribunal (IDT) ruling in relation to the reinstatement of one of its former senior managers.

NCB fired Branch Manager, Peter Jennings, who had been working with the company for 33 years.

It is alleged that Jennings made eight loans to persons contrary to the policy and standards of the bank.

There was an internal hearing at the bank on November 6, 2012 and on November 19 a recommendation was made for him to be dismissed.

Jennings took the matter to the IDT which ruled in his favour and ordered the bank to reinstatement him or pay him 220 weeks’ salary.

NCB, which was represented by Sandra Minott-Phillips and Jermaine Case, took the matter to the Supreme Court seeking leave to go the judicial review.

In opposing the application, Jennings attorneys, Douglas Leys, Douglas Thompson and Kimone Tennant, pointed out that NCB was dissatisfied with the analysis, interpretation of the facts and the conclusion arrived at by the IDT.

Justice Bryan Sykes ruled that the IDT acted within its remit.

The judge further ruled that there is no basis for NCB to apply for leave to go to the Judicial Review Court because there is no realistic prospect for success.