Jamaica Gleaner

Court decision May 16 on injunction sought by JSE regulator

- McPherse Thompson Assistant Editor – Business mcpherse.thompson@gleanerjm.com

THE SUPREME Court has reserved its decision until May 16 on whether to grant an injunction barring the Jamaica Stock Exchange Limited (JSE) from convening a disciplina­ry hearing against its chief regulatory officer, Wentworth Graham, pending the outcome of proceeding­s at the Industrial Disputes Tribunal (IDT) over his suspension.

Justice Vivene Harris is also expected to rule on that date whether Graham, who the JSE suspended in mid-January, should continue in his employment.

He would have faced disciplina­ry hearings in March, according to a letter laying out a series of issues against him dating back several years, but he began fighting the suspension immediatel­y by asking the Ministry of Labour and Social Security for a hearing.

Attorney Georgia Gibson-Henlin QC made submission­s on Graham’s behalf last Monday with respect to the injunctive relief and reinstatem­ent in his job, while the JSE’s attorney, Patrick Foster QC, concluded his

submission­s on Wednesday, after which the judge reserved her decision.

The hearing before the IDT is not scheduled to start before the Supreme Court hands down its decision.

In addition to the injunction and the declaratio­n seeking to remain or continue in his employment in accordance with its terms, Graham is seeking damages for, among other things, breach of contract of employment, loss of investment income since 2008 or, alternativ­ely, retroactiv­e salary from that year.

Those are contained in a claim he filed in the Supreme Court on April 24 in which Marlene Street Forrest, who was recently promoted to managing director, has been named first defendant in her former capacity as company secretary and general manager, and the JSE the second defendant.

As chief regulatory officer in the Regulatory and Market Oversight Division of the JSE, Graham’s job is to ensure that listed companies and licensed brokers comply with the rules and regulation­s of the JSE.

According to the particular of claim, Graham is contending that the JSE flouted and disregarde­d his contract, the Labour Relations and Industrial Disputes Act and the Labour Relations Code by refusing to attend conciliati­on proceeding­s following his suspension.

The JSE, Graham further contends, has advanced and maintained an argument that he was not suspended because he is being paid, even though he has been directed not to show up to work and was physically barred from doing so when he attempted to attend.

Among other things, he argues that in 2008 when he was appointed, the JSE advised him that he would be paid 50 per cent of the chief regulatory officer’s compensati­on and emoluments in year one, and if he performed creditably, he would be paid the full compensati­on thereafter.

He is saying that although he met that and other requiremen­ts the JSE has breached that promise because to date he has not received the compensati­on expected.

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 ??  ?? Wentworth Graham, chief regulatory officer in the JSE Regulatory and Market Oversight Division. ENSURING COMPLIANCE
Wentworth Graham, chief regulatory officer in the JSE Regulatory and Market Oversight Division. ENSURING COMPLIANCE

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