Okuonghae, Alexander v University Of Technology Jamaica

Case Number: 
2010 HCV 01454
Neutral Citation: 
[2014] JMSC Civ. 138
Date of Delivery: 
19.09.2014

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA CLAIM NO. 2010 HCV 01454
BETWEEN
ALEXANDER OKUONGHAE
CLAIMANT
AND
UNIVERSITY OF TECHNOLOGY, JAMAICA
DEFENDANT
Ms. Aisha Mulendwe and Patrick Forrester for the claimant Gavin Goffe and Jermaine Case instructed by Myers, Fletcher & Gordon for the defendant Heard: 2, 3 and 4 October 2013, 10 & 20 December 2013 & 19 September 2014
EMPLOYMENT LAW – UNIVERSITY – VISITOR – TERMINATION OF EMPLOYMENT – CONTRACTUAL NOTICE GIVEN – ALLEGATION OF BREACH OF INTERNAL LAWS AND NATURAL JUSTICE BY UNIVERSITY – VISITORIAL JURISDICTION – WHETHER JURISDICTION OF COURT OUSTED – THE UNIVERSITY OF TECHNOLOGY, JAMAICA ACT, SS.5, 11(2).
DEFAMATION – LIBEL – ALLEGED DEFAMATORY STATEMENT MADE BY EMPLOYEE – WHETHER UNIVERSITY LIABLE – FAILURE TO PLEAD FACTS RELIED ON – CONSEQUENCES – CIVIL PROCEDURE RULES (CPR) 8.9 (1) & 8.9 (A)
McDONALD-BISHOP, J
[1] The claimant, Alexander Okuonghae, was employed to the defendant, the University of Technology, Jamaica, as a Laboratory Technologist in its Faculty of Engineering and Computing for the period 13 August 2001 to September 5, 2009.
[2] The claimant‟s written contract of service expressly provided, inter alia, that it could be terminated without cause by either party giving the other party

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