ATL seeking leave to challenge Industrial Disputes Tribunal ruling
The ATL Pension Fund has filed an application seeking leave to go to the Judicial Review Court to quash the decision of the Industrial Disputes Tribunal (IDT) which found that the company’s dismissal of former general manager, Catherine Barber, was unjustified.
It is contending that the IDT ignored the facts of the case.
ATL, which is being represented by attorney-at-law Hugh Wildman is further claiming that the tribunal failed to consider critical evidence which showed that Barber was liable for alleged dishonesty.
The company is contending that she allegedly admitted to backdating letters without legal advice in relation to the consent letter that executed the pension fund.
It is also alleging bias on the part of one of the tribunal’s commissioners who it claims is a business partner of a senior partner in the law firm which represented Barber at the IDT hearing.
According to ATL, this was not disclosed to the tribunal.
Justice Bryan Sykes began hearing the application in chambers this week.
The hearing is to continue next week Thursday.
Last month, the IDT found that ATL was unjustified when it dismissed Barber in April 2011.
Barber's dismissal stemmed from her being charged, along with two other former executives Patrick Lynch and Dr Jeffrey Pyne, for allegedly distributing $1.7 billion of interest and withdrawal surpluses to members of the scheme without the consent of its founder, Gorstew Limited.
They were also accused of using forged letters to deceive ATL Chairman Gordon 'Butch' Stewart that consent had been obtained.
The three were freed of the charges in August 2014, after Resident Magistrate Lorna Shelly-Williams upheld no-case submissions by their attorneys.