Deeble Walker
Lolita Long, New York Editor
THE NEW York Supreme Court has ruled that there is cause for action in the lawsuit against the Jamaica Tourist Board for wrongful dismissal filed by former advertising manager, Marie Deeble Walker, in December last year.
But even though Walker, who filed a US$20 million claim against the JTB, can now proceed with her lawsuit, both parties have reached an "amicable" settlement in the matter.
The terms and amount of that settlement "are confidential and cannot be disclosed" said Percival Clarke, attorney representing Deeble Walker; while Ellen Storch, speaking on behalf of JTB's lawyers, Morritt Hock Hamriff and Harowitz, declined to comment.
MIXED REACTIONS
A cautious Deeble Walker said that she had "mixed reactions and saddened to take this path but gratified that the court upheld the wrongful dismissal claim."
Walker filed the lawsuit against the JTB after she was fired, claiming that she was wrongfully dismissed by the board "who failed to follow the termination procedures set forth in a Condition of Employment document provided to staff."
Her claim involved breach of contract, defamation and intentional infliction of emotional distress, as she stated that her reputation was "irreparably damaged".
The JTB wanted the suit thrown out, claiming "immunity" as a foreign state and that no legal action can be taken against it in the U.S.
Court documents show that Judge Shirley Kornreich of the N.Y. Supreme Court, in hearing the motion, denied two pertinent counts of Deeble Walker's case, and upheld three.
The two counts denied were for defamation and "intentional infliction" of emotional distress. Walker was seeking US$10 million for each count. The court upheld the other three counts relating to a breach of contract, which contained separate claims for damages.
JTB argued on the grounds that the court lacks "subject matter jurisdiction", under the Foreign Sovereign Immunities Act (FSIA), which determines whether a Federal or State court in the U.S. may exercise jurisdiction over a foreign state and whether certain sections of the Act conferred immunity.
COMMERCIAL ACTIVITY EXCEPTION
The JTB had to prove that it's a "foreign state" and immune from jurisdiction. Plaintiff, Deeble Walker, had to show "exceptions to that immunity". One exception was the commercial activity exception that "provides that a foreign state is not immune from the suit under FSIA, where the action is based on a commercial activity carried on in the US by the foreign state". As a result, the judge ruled that the action, involving Deeble Walker's employment with JTB and subsequent termination, was within the "commercial exclusion of the statute" and constituted "commercial activity" and is therefore, not subject to immunity.
Attorney Clarke told The Sunday Gleaner that the court's decision did not prompt a settlement between his client and the JTB. However, "We will not go forward," he said.
Meanwhile, Deeble Walker is pursuing legal action against the Amsterdam News and writer Vinette Pryce for defamation and libel. This stemmed from articles written by Pryce on the Jamaica Tourist Board issue. That lawsuit was filed in the U.S. Supreme Court earlier this year.
The impasse between Deeble Walker and her former employer started after an anonymous e-mail was circulated, charging misappropriation of funds and bad management at the agency. An audit was ordered by then Tourism Minister, Portia Simpson Miller.
Then Deputy Director of Tourism, Noel Mignott, and accountant, Yvonne Sawyer, resigned from the agency.
Deeble Walker worked with the JTB for 22 years, moving up the ranks from marketing representative to Advertising Relations manager.
