Solicitor General says tax commissioner never complained when contract was 'bought'
Barbara Gayle, Justice Coordiantor
Solicitor General Nicole Foster Pusey has argued before the Appeals Court that the termination of the contract of former Commissioner of Tax Administration Jamaica, Viralee Latibeaudiere was done on a buyout basis.
She told the court that Latibeaudiere never complained that the money paid did not cover all that was due to her.
Latibeaudiere was dismissed from her job in July 2012, but she has objected to her termination.
READ: Tax Commissioner Rejects $12m Pay Off, Wants Back Job
The Government took the matter to the Appeals Court after a Supreme Court judge granted the former public servant leave to have her removal reviewed.
According to Foster Pusey, the emphasis of Latibeaudiere’s claim is that she wanted to stay in the job.
The court was also told that the former tax administration head was hired for three years with the contract due to end this month.
The Solicitor General said the Government is aware of a past case in which it was ruled that the contractual terms allowing for mutual termination would not be applicable.
She said as a result, the Public Service Commission advised the Finance Secretary to approach the termination of Latibeaudiere on the basis of a buy out of the contract.
Through this approach, the Solicitor General said Latibeaudiere would have been paid for the remaining period of the contract including travelling and gratuity.
Foster Pusey told the court that the Government has done nothing to damage Latibeaudiere’s reputation.
She’s to continue making submissions to the court tomorrow.
Justices Dennis Morrison, Norma McIntosh and Carol Lawrence-Beswick are presiding over the case.
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