Tue | Dec 7, 2021

Court paves way for former CAL employee to challenge DPP's decision

Published:Monday | July 29, 2013 | 2:03 PM

Barbara Gayle, Justice Coordinator



The Full Court has granted leave for Attorney-at-Law Nerine Small to take her case against her former employers, Caribbean Airlines (CAL) to the Judicial Review Court.




This morning's decision by a three-member panel of the Court paves the way for Small to apply for an order to challenge a decision of the DPP barring her from prosecuting CAL.



Carlene Larmond, the legal representative for the Attorney General, which is a party in the matter, had submitted that there was an arguable case to go forward to the Judicial Review Court.



Small is 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 Office of the DPP has said it felt duty-bound to intervene in the case, arguing that it did not grant a fiat to prosecute because Small needed to exhaust all other remedies.



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