Judges of the Eastern Caribbean Supreme Court (ECSC) will be meeting in Dominica from Monday November 10-14 at the Parliament building in Roseau and a number of major cases will come up at that sitting.
Among them are Mariette Warrington vs the Dominica Broadcasting Corporation (DBC) radio, Thomson Fontaine et al vs Roosevelt Skerrit et al, Herbert Xavier et al vs the State.
The last matter deals with the murder of Harrison Williams by his siblings. They were found guilty by a jury and were jailed each for 15 years. They are appealing against the conviction and also seeking the courts leave for “liberty to rely on affidavit evidence.”
Warrington is a former manager of the Dominica Broadcasting Corporation who was fired by its board. She took the matter to court but it was dismissed and she was ordered her to pay cost in excess of $60,000.
Warrington was first employed as manager at the state-owned Dominica Broadcasting Corporation (DBS Radio) on contract for three years and then five years which ended on December 31, 2008.
Under the terms of her contract, she gave notice in writing of her interest to continue in the post but no contract was executed.
Despite the absence of a written contract, she continued to perform the duties of general manager. She took the matter to court contending that her continued employment after 31 December 2008 meant she was under the same terms of the previous contract. She claimed damages equal to six month’s salary because she was summarily dismissed without notice.
But Justice Brian Cottle disagreed and ruled that she had no contract of employment and thus no issue of breach of contract arises and so dismissed her claim.
In his judgment, Justice Cottle said “the claimant (Warrington) accepts that the Board could not appoint her as manager without the advice of the Prime Minister.”
“For there to have been any implied contract the Board must have agreed with the claimant…without the advice of the Prime Minister, the Board had no authority to appoint a manager. Any such purported appointment is thus void and of no legal effect as it is ultra vires,” he said. “It follows that the claimant had no contract of employment and thus no issue of breach of contract arises. The claim is dismissed.”
The defendant then filed a counterclaim for funds which were received by Warrington as staff advances and payment on her behalf of certain expenses related to her further education.
“The claimant admits these advances and payments in the sum of $35,963.75 and $27,336.00 respectively. The defendants at the trial abandoned the counterclaim for any amount in excess of what the claimant admits. Judgment is given for the defendants on the counterclaim for $61,299.75 together with prescribed cots on this sum,” the judge ruled.
DBC is a statutory corporation established under the Dominica Broadcasting Corporation Act chap 45:06 of the Laws of the Commonwealth of Dominica. Section 6 (6) of the Act requires the Board of Directors of DBC to appoint a manager upon the advice of the Prime Minister.
In the Thomson Fontaine matter, Prime Minister Skerrit had sued for damages including aggravated damages for libel for defamatory words published of and concerning him in various publications made during the period October 17, 2011 to December 2, 2011.
The matter was at case management and Master Taylor-Alexander gave certain directions and ordered cost of $3,500 to Alick Lawrence SC lawyer for the prime minister.
lets understand that ;when someone is employed with a contract for a period of time;supose the empoyer does;nt dismisse the worker ;he or she is consider to be employed diffenitlty the problem is the fault of the employer you mr lawer read your books and give the people of dominica their rights ;your turn is coming soon god is the judge.
Those are not major cases since they will not have any impact on the result of the election. The case most of us Dominicans would really want to hear particularly before the election, is the case between Lennox Linton, and those 18 ministers who placed a lawsuit on LL against alleged “rapist ministers” matter. That’s what we wanted to hear so we could know if LL was right or wrong. Based on the result no matter who wins, that would give us another opportunity to examine those men and women that want to lead us. It is just a shame that the authorities that be did not see it important to push this case ahead of the election. Shame! Shame! Shame!!!
Something is so very wrong in Dominica. Murder is now like a stroll in the park, easy breezy. These siblings killed their brother, it was a pre meditated act. They deserve to be behind bars forever. Please please judiciary….stop sending the wrong message to criminals.
After election we will call Mano Case
It have other major cases that need to be heard too!!
what about the Mingo guy that was murdered. What happen to that? will will this matter be heard. Too many murderers on the loose in DA.
Boy Skerrit will stay quiet eh. Roll on, your day is drawing near.
So Dominican really think they should get away with murder.but againnn…..
Is the G.O..N case dead? We have not been hearing anything. Two senior citizens almost burnt to death. Why is the justice sysrem failing us.
DNO more detail on the Thomson case please, is Thomson appealing the Master decision to pay cost of $3,500 to the PM Lawyer?
What other directions were given then?
The case DNO states is “Thomson Fontaine et al vs Roosevelt Skerrit et al, …”
Then DNO states that – – “In the Thomson Fontaine matter, Prime Minister Skerrit had sued for damages …”
If the PM is the Plaintiff as is indicated – then the case is entitled “Roosevelt Skerrit vs. Thomson Fontaine” – with the PM on the offensive not defensive