THE HIGH Court in Barbados, yesterday began hearing an alleged case of wrongful dismissal brought against the Caribbean Development Bank (CDB). It was adjourned until October 26.
The action was brought by Mark Taitt who formerly held the position of Director, Information and Technology Solutions, with the Bank.
His services were allegedly terminated on June 30, 2017 and earlier this month filed the complaint in the Court.
He is being represented by Hal Gollop QC, in association with Neil Marshall. The matter was heard before Dr. Sonia Richards.
The hearing yesterday lasted for about an hour.
The claim by the CDB is that Taitt was made redundant. However, the Complainant is challenging that assertion by the CDB noting that the reason for his termination does not amount to redundancy.
According to Gollop, the Bank has been claiming during an attempt to negotiate the separation, that it is immuned from such action in Barbados.
In taking the action, Taitt is asking the Court to make a number of declarations. These are:
1. A declaration that the Bank is by virtue of the Caribbean Development Bank Act Chapter 323A of the Laws of Barbados subject to the Laws of Barbados;
2. A declaration that by virtue of its operations within that same Act, the Bank falls within the full meaning of Section 21 of the Interpretation Act Chapter One of the Laws of Barbados as it extends to the Bank a body corporate;
3. A declaration that in accordance with the said Act 323A, and in accordance with provisions of Article 48 of the Schedule to that Act, the Bank possesses full juridical personality and in particular, full capacity among other things, to contract and to institute legal proceedings;
4. A declaration that by virtue of the privileges enjoyed by the Bank about the contract to institute legal proceedings, it is liable to all the concomitant obligations associated with one’s right to enter into contract and one’s right to institute legal proceedings.
“If the Act gives you the right to enter contract and to sue people, it must mean that you are bound by the terms of your contract, and you can be sued by people,” Gollop told The Barbados Advocate.
5. A declaration that by virtue of the two statutes, the CDB Act and the Interpretation Act, the Bank can lay no claim to its immunity from suit under the circumstances.
The Complainant is also asking for cost.
Gollop said that papers were served on the Bank, which returned them to the office of the attorney-at-law who had them served. “We went to High court yesterday morning.”
Gollop said that the Court was asked to give judgement on the grounds that the Bank failed to put in an acknowledgement of service.
He said that the Complainant is hoping that once the Court settles certain declarations and there is a determination that the Bank can in fact be sued, then he will move on to an action for unfair dismissal in accordance with the Employment Rights Act.