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Court gives Tax Commissioner go ahead to challenge dismissal

Published:Friday | August 23, 2013 | 6:40 PM

Supreme Court judge Bryan Sykes has granted leave for the Commissioner-General of Tax Administration Jamaica, Viralee Latibeaudiere, to take her employment-termination challenge to the Judicial Review Court.

Justice Sykes granted the leave today after hearing arguments from Latibeaudiere’s lawyer Hugh Wildman, earlier this week.

Meanwhile Justice Sykes has ruled that the injunction to prevent the government from terminating her contract while the application is heard will remain in place.

However, the injunction against the attorney general has been set aside.

Latibeaudiere is to return the $12 million paid to her as settlement for the break in her contract and continue receiving her monthly salary.

The Minister of Finance, the Finance Secretary, the Public Service Commission and the Attorney General are respondents in Latibeaudiere’s application.

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 off 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.


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