Supreme Court Judge Bryan Sykes has granted leave for Viralee Latibeaudiere, who has been dismissed as commissioner general of Tax Administration Jamaica, to take her employment-termination challenge to the Judicial Review Court.
Sykes granted the leave yesterday after hearing arguments from Latibeaudiere's lawyer, Hugh Wildman, earlier this week.
Meanwhile, Sykes has granted a further injunction, which should remain in place until October 29 and 30, when the matter is set for hearing.
In February, Latibeaudiere was transferred to the Ministry of Finance and Planning, and the judge ruled yesterday that she should remain there until the matter has been decided.
The judge has also ordered that Latibeaudiere return the $12 million paid to her as settlement for the break in her contract and continue receiving her monthly salary.
However, the injunction against the attorney general has been set aside, following submissions by Solicitor General Nicole Foster-Pusey and attorneys-at-law Carlene Larmond and Basil Williams.
They successfully argued that an injunction cannot be granted against the Crown.
ASPECTS OF INJUNCTION REMAIN
The injunction remains in force against the other respondents, who are the minister of finance, the financial secretary, and the Public Service Commission.
Latibeaudiere is seeking to have the court declare that the finance minister is not empowered by law to terminate or otherwise interfere with her contract.
She wants the court to rule that the financial secretary is not empowered to terminate her contract of his own volition nor under the dictates of the finance minister.
Latibeaudiere also wants the court to rule that a declaration of the financial secretary cannot authorise her transfer to any other position in the Ministry of Finance and Planning, unless the position is an equivalent or superior position, and for good and sufficient reason.