Former CIAA financial controller seeks judicial review
Former Cayman Islands Airports Authority (CIAA) financial controller (applicant) is seeking a Judicial Review to clear name and reinstatement back to original position with the Authority.
The applicant claims the CIAA board acted unlawfully and unfairly when dismissed.
The applicant is also asking for compensation for loss of salary and pension contributions, a public apology from the board acknowledging wrongful termination of position with the CIAA and any allegations of misconduct were incorrect.
The applicant’s lawyers, who filed for judicial review with the Grand Court of the Cayman Islands, argue that the CIAA board exceeded its authority as a supervisory body when the applicant was dismissed.
The applicant’s lawyers further alleges that there was no factual basis for the board’s decision for dismissal and the move was against “natural justice” because the applicant was given no opportunity to dispute or explain the findings of an internal audit report, which was used as the basis for dismissal.
The court filing also says the decision to terminate the applicant’s employment was made on the basis of an internal financial auditing report undertaken by a member of the board of directors and the applicant was given no opportunity to respond or address the board of directors.
On 7th December 2012 the applicant’s position as financial controller was terminated by CIAA chairman, Richard Arch but the applicant’s lawyers say only the CIAA’s Chief Executive Officer, Jeremy Jackson*, had the power to terminate the position.
The applicant’s lawyers say their client “disputes the findings published in the internal auditing report” and all allegations of guilt of “serious misconduct”.
A number of other issues have been filed by the applicant’s lawyers including that the CIAA board were “ignorant of their legal powers” in believing they had the authority to dismiss a member of staff and they had acted outside its statutory power by conducting an internal audit of the CIAA undertaken by a member of the board.
* Jeremy Jackson was also suspended at the time of the applicant’s dismissal and the applicant received a letter on 4th January 2013 from acting CIAA Chief Executive Officer, Kerith McCoy, giving the reasons for termination stating the authority reserved the right to dismiss the applicant for serious misconduct.
