MARGARET PENN WINS WRONGFUL DISMISSAL CASE

High Court Judge the Honourable Madam Justice Suzie d'Auvergne has handed down judgment in favour of Mrs. Margaret Penn against the BVI Ports Authority in a sum of $208,027.93 damages for wrongful dismissal, reduced by $35,732.47 which the Authority had already paid.

The case arose out of the dismissal by the BVI Ports Authority of Mrs. Penn from her post of Managing Director of the Authority with one month's notice which expired on 31 July 2000. Mrs. Penn, an accountant, had served the Authority for a number of years.

Mr. Paul Webster QC, assisted by Miss Nicole McDavid of Counsel of the law firm O'Neal Webster O'Neal Myers Fletcher & Gordon, represented the Authority and submitted that the Authority's actions were justified by law. Mr. JS Archibald QC assisted by Miss Michelle Matthew of Counsel of the law firm JS Archibald & Co. represented Mrs. Penn, and submitted that the Authority was wrong in law in failing to give Mrs. Penn adequate notice of dismissal, and argued that she was entitled to at least 18 months notice. The Judge found that Mrs. Penn was entitled to 12 months notice for termination of her employment.

In the result Mrs. Penn won a judgment exceeding any damages for wrongful dismissal ever awarded to an employee in the BVI.