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Former tax boss loses bid to seek damages after dismissal

Published:Wednesday | October 29, 2014 | 4:55 PM

Barbara Gayle, Justice Coordinator

KINGSTON, Jamaica:

The Supreme Court has turned down an application by former Tax Commissioner, Viralee Latibeaudiere, who was seeking to go to the Constitutional Court to get damages.

Latibeaudiere had argued that it was a breach of her constitutional rights when her contract was terminated last year.

She contended that under the Constitution she is entitled to damages.

Solicitor General, Nicole Foster-Pusey, and Director of Litigations, Carlene Larmond, who represented the Government, opposed the application and asked for it to be struck out.

They argued that the matter was adjudicated by the courts and was turned down.

Justice Evan Brown upheld the arguments and threw out Latibeaudiere’s application for constitutional damages.

He also ruled that Latibeaudiere should pay the government's legal costs in the matter.

This afternoon, the Director of Litigations told The Gleaner/Power 106 News Centre that the government maintains that it did not terminate her contract because when she was served with the notice of termination she took the matter to court and got an injunction.

Larmond explained that the injunction was in effect until her contract expired in April.

Meanwhile, attorney at law, Hugh Wildman, who is representing the former Tax Commissioner, says he will be applying to the United Kingdom Privy Council for special leave.

Latibeaudiere is seeking to challenge a Court of Appeal ruling in July in relation to her dismissal.

The court had upheld legal arguments from government lawyers that Latibeaudiere failed to file her fixed-date claim form in the time required when she was granted leave last August to go to the Judicial Review Court to challenge her dismissal.


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