Port of Spain, Trinidad. In Mariette Warrington v Dominica Broadcasting Corporation, the

Caribbean Court of Justice (CCJ) today decided that Ms. Warrington, a former General Manager of the Dominica Broadcasting Corporation (DBC), should be paid the equivalent of six months’ salary, gratuity and holiday pay totalling EC$52,300 as damages. DBC had paid her one month’s salary and an honorarium when they terminated her, and the High Court and the Court of Appeal had upheld these payments. At the CCJ, she had requested payment of her salary for the remaining years of her contract.

However, the CCJ found she had not proved that loss and decided that “Ms. Warrington would have been entitled to the six months’ salary in lieu of notice and this amount is to be regarded in law as agreed liquidated damages”.

At the root of this dispute was whether Ms Warrington’s appointment was valid. She had served the organisation under two consecutive employment contracts as the General Manager which ended in 2008. Before the end of the last contract she wrote a letter requesting further employment with the Corporation as General Manager “under similar terms and conditions” with an increased salary and protection against arbitrary termination. DBC never responded to this request. At a board meeting, some months before the contract ended, a decision was taken unanimously to re-appoint her but this decision was never communicated to Ms. Warrington, although she later learned of it…[+]