Clarke and his Kingston 6 home, which is embroiled in a high-profile case involving his former employer, Scotiabank Jamaica. - File

Retired head of Scotia-bank Jamaica, Bill Clarke, will have to pay the bank for the four full-time security officers assigned to him, as well as other perks.

The monthly cost for security personnel is $498,595.

There are two housekeepers and two gardeners employed at the bank's premises, which Clarke still occupies. The housekeepers are paid a total $114,763 monthly, while the gardeners are paid a total of $60,667 monthly.

Dispute over perks

The bank informed Clarke last month that effective July 1, it would be withdrawing the security per-sonnel from the property. Clarke was also informed that the bank would only be paying for the services of one gardener and one housekeeper.

There is a dispute as to whether payment for the perks will take effect January 31 or May 31, but the Court of Appeal will resolve the dispute when it hands down its decision.

Clarke applied to the Court of Appeal last week for an injunction to bar the bank from withdrawing the perks.

Submissions were made yesterday on the issue shortly before the court reserved its decision in Clarke's appeal against a Supreme Court ruling.

Supreme Court Judge Horace Marsh ruled in March that there was no agreement for Clarke's retirement package to go to arbitration.

Payment

In relation to the perks, the lawyers representing the parties came to an agreement that Clarke would continue to benefit from them until the court handed down its decision.

John Vassell, QC, one of the lawyers representing the bank, submitted that if the court found that there was an arbitration agreement, the perks would be assessed by the arbitrator.

Vassell said the value of the perks would be deducted from Clarke's arbitration award.

The attorney said if the court found otherwise, Clarke would still have to pay for the perks.

Dr Lloyd Barnett, who is representing Clarke, said he agreed with Vassell's suggestion for the application to await the outcome of the appeal. Barnett said if a valuator were appointed now to assess the perks, it would only cause confusion.

Barnett said that a condition could be made in the court order that the value of the benefits be assessed if the court found there was no arbitration agreement. He said that once that order was made, the bank would be protected.

The bank had offered Clarke CDN$3.7 million (J$282,129,475.76) as his retirement package, but Clarke rejected the offer, saying he wanted a larger sum.

Clarke claims that there was an agreement for the issue to go to arbitration, but the bank has denied that claim.

The bank's lawyers, including Julianne Mais-Cox and Cindy Lightbourne, have argued that the bank is not against arbitration if Clarke agrees that his conduct leading to his separation from the bank is to be a term of reference for the arbitrator.

Barnett and attorney-at-law Keith Bishop, who also represents Clarke, have argued that the resolution passed by the bank's board of directors in October last year made no reference to Clarke's conduct.

Clarke went on retirement on November 1 last year after being with the bank for 40 years. He was the president and chief executive officer for the last 13 years.

barbara.gayle@gleanerjm.com