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Court reserves judgment in case involving Caribbean Airlines

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KINGSTON, Jamaica- The Judicial Review Court has reserved judgement in an application seeking to quash an order of the Director of Public Prosecutions (DPP) preventing an attorney from prosecuting her former employer, the Trinidad-based Caribbean Airlines (CAL).

The three-member Review Court heard the application from attorney Nerine Small who was prosecuting the airline for allegedly refusing to honour a ruling by the Industrial Disputes Tribunal.

On July 31, last year, the tribunal 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.

However, CAL had written to the Minister of Labour seeking an interpretation of the award. But attorney 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, with attorneys arguing that the DPP felt duty bound to intervene in the proceedings.

They further argued 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.