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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