Henry ,Audrey Basanta et al v National Commercial Bank Jamaica Limited et al

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. 2002/B-132

BETWEEN AUDREY BASANTA-HENRY

-4ND JOSEPH SHOUCMR

AND HERMA McRAE

AND SHEILA GREEN

AND IAN WATSON

AND

AND

AND

AND

AND

AND

NOFUENE SPENCE

SHEILA SHERLFF

ANDRAL SHERLEY

THEODORE GOLDING

NORMAN MARSH

NATIONAL COMMERTCAL

BANK JAMAICA LIMITED

lSTP LAINTIFF

2ND PLAINTIFF

3RD PLAINTIFF

4m PLAINTLFF

sm PLAINTIFF

6m PLAINTIFF

7m PLAINTIFF

8Tn PLAINTIFF

9TB PLAINTIFF

lom PLAINTIFF

DEFENDANT

Lord Anthony Gifford Q.C. and Ms. S. Kong Quee, instructed by Gifford, Thompson &

Bright for the Claimants and Emil George, Q.C., Conrad George, Esq. and Alayne

Bennett, instructed by Hart, Muirhead, Fatta for the Defendant.

Heard on March 8- 1 1; August 1 1, 17' and December 20, 2004

ANDERSON, J:

This action arises out of a dispute between the Claimants who were at all material times c, members of a group referred to as the "Senior Managers Group" (the "Group" or "SMG)

within the defendant company, on the one hand, and the company ("NCB"), on the other.

According to the witness statement of the 9' Claimant, Theodore Golding, these

members of the Group, all senior employees of the defendant bank at the material time,

occupied senior positions in the Bank classified as E3, E4, SMl and SM2 in descending

order of seniority. There are no material differences in the facts alleged by the claimants

and the defendant and the essential issue to be determined in the case is one of law. That

issue is whether in the factual circumstances largely agreed between the parties, there had

arisen on or about 17' September, 2001, a binding and enforceable agreement pursuant to