CONSTITUTIONAL LAW – The Jamaica (Constitution) Order in Council, 1962, section 48 and 49 – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 17(1) and 20 – Whether section 26(2) of the Disaster Risk Management Act breaches the Claimant’s right to freedom of religion guaranteed by section 17(1) of the Charter – Whether breach of the right to freedom of religion by section 17(1) of the Charter is demonstrably justified in a free and democratic society – Whether Regulations under section 26(2) of the Disaster Risk Management Act must comply with section
Employment terminated by letter – Company offers to reinstate employee – Does the employee have to accept reinstatement – What is the effect of the failure of the employee to accept the offer of reinstatement.
Judicial Review – Procedural Impropriety – Breach of Section 125 of the Constitution of Jamaica – Breach of Regulation 43 of the Public Service Regulations – Breach of Sections of the Charter of Fundamental Rights and Freedoms – Damages
Section 13 (3) (l) of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act 2011 – Whether the right has been engaged – Breach of contract – Assessment of damages for breach of contract – Private nuisance – What is the remedy in damages for a claim in private nuisance.
Legitimate expectation – Legitimate expectation giving rise to a substantive right – What are the Claimants required to prove to establish a substantive legitimate expectation.