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Attorney seeking to prosecute CAL for dismissal

Published:Wednesday | July 3, 2013 | 9:11 AM

Barbara Gayle, Justice Coordinator



The Judicial Review Court has reserved its decision in an application brought by Attorney-at-Law Nerine Small seeking to quash an order of the Director of Public Prosecutions which had barred her from prosecuting her former employer Caribbean Airlines (CAL).




Small is seeking leave to go to the review court.



Justice Horace Marsh, Justice Christine McDonald and Justice David Batts heard the application.



The attorney was prosecuting the airline for allegedly refusing to honour a ruling by the Industrial Disputes Tribunal.



On July 31, 2012 the tribunal had ruled that Small be reinstated in her job at the airline effective July 1, 2011 with payment of full wages.



Small, who was the vice-president of legal affairs and corporate secretary, was not reinstated and a private prosecution was brought against the airline in the Corporate Area Resident Magistrate's Court.



Caribbean Airlines had written to the Minister of Labour seeking an interpretation of the award.



However, Attorney-at-Law Georgia Gibson Henlin, who is representing Small, submitted that the award needed no interpretation.



The parties were to appear in court on February 7 but the DPP, after being notified of the matter, stopped the prosecution.



Attorneys-at-Law Andrea Norton Swaby and Tracy-Ann Johnson, who represented the DPP, argued that the DPP felt duty bound to intervene in the proceedings.



They pointed out that the DPP did not grant a fiat to prosecute and that she entered a conditional nolle prosequi because Small needed to exhaust all other remedies.



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