Fired exec sues JTB for US$20m
Marie Deeble-Walker, who was last September fired by the Jamaica Tourist Board (JTB) in the midst of a probe into alleged financial and other irregularities at its New York office, has filed a US$20-million lawsuit against the tourism promotions agency, claiming she was dismissed without cause and that her reputation has been “irreparably injured”.
Deeble-Walker’s writ, filed in the New York Supreme Court on December 2, 2002 by her lawyer, Percival Clarke, lists five causes of action on which she is demanding judgement against the JTB. They are:
. reinstatement of employment to the position she held as advertising relations manager, back wages and benefits;
. damage for loss of additional pension;
. repayment of US$5,000 which she spent to come to Jamaica for a hearing which was denied;
. damages in the amount of US$10 million with respect to defamation; and
. damages in the amount of US$10 million with respect to intentional infliction of emotional distress.
On September 10 last year, the JTB announced that it had cashiered Deeble-Walker because of “a loss of confidence in her judgement as a senior officer”.
The agency also said it had accepted the resignation of Noel Mignott, the New York-based deputy director of tourism for the Americas who, the week before, had announced that he was quitting. It also accepted the resignation of Yvonne Sawyers, the New York office’s accountant/manager.
The developments came while the JTB’s internal auditor, Colin Greenland, was conducting an audit of the operations of the New York office.
The audit was ordered by then Tourism Minister, Portia Simpson-Miller, after an anonymous e-mail began to circulate, accusing senior JTB New York staff of bad management, misappropriating government resources and fraud.
Last week, the JTB sent Greenland’s report to local criminal lawyer, Frank Phipps, to determine whether the agency should prosecute or seek other ways to recover money allegedly misused.
Deeble-Walker’s writ outlined her employment history with the JTB, starting in November 1979 when she was hired as a temporary secretary in Kingston, and subsequent promotions she received based on her “hard work and dedication”.
The writ said that in May 1982, Deeble-Walker was recruited to work in the JTB’s New York office as an executive secretary.
She apparently expressed some concerns about the security of her future employment if she accepted the transfer and was told by the JTB that “her employment would not be terminated without just cause and that, in any event, she would be entitled to certain hearings and severance benefits” if the JTB decided to terminate her employment.
Deeble-Walker, the writ said, was given a copy of the Conditions of Employment which explains the rights of employees.
Based on the JTB’s promises and the terms and conditions in the employment handbook, Deeble-Walker accepted the transfer and relocated.
According to Deeble-Walker’s lawyer, when the JTB terminated her employment in September, she requested a hearing in keeping with the conditions of employment.
She was informed that a hearing was scheduled to be held in Jamaica and, at her own expense, flew to the island and retained the services of an attorney here.
But, said the writ: “The defendant, with full knowledge that the plaintiff was present in the island . for the requested hearing, first adjourned the hearing for one week, then thereafter, summarily denied the plaintiff the said hearing.”
According to Deeble-Walker’s lawyer, the JTB “deliberately designed to injure” her reputation because the termination of her employment coincided with the announcement that the JTB had received the preliminary audit report.
That, the writ said, was intended and had the effect of appearing to confirm the allegations made against Deeble-Walker in the e-mail.
“Furthermore, the defendant knew, or should have known, that the allegations made in the electronic mail were false and that their falsity was confirmed by the preliminary audit report, yet the defendant took no action to correct the allegations made in the electronic and/or print media connecting the plaintiff’s termination with the allegations made in the electronic mail.”
The writ described the JTB’s action as wilful and malicious and said it was intended to destroy Deeble-Walker’s reputation “both personally and professionally”.
It also accused the JTB of informing Deeble-Walker of her termination after issuing the press release and its subsequent publication in the media.
The writ also said that the “malicious tactics” utilised by the JTB to justify Deeble-Walker’s sacking caused her “to suffer extreme emotional distress, public humiliation and embarrassment among her friends and colleagues, both professionally and personally”.
It limited her ability, the writ said, to seek and gain suitable employment in the industry within which she has been trained and has worked for the past 22 years.
“The termination of the plaintiff’s services by the JTB was without cause and therefore constituted a breach of the employment agreement heretofore entered into,” the writ said.
Yesterday, the Sunday Observer was informed that the JTB has retained a lawyer in New York to handle the case.