McBreairty begins appeal in ongoing case against College of the North Atlantic

Gary
Gary Kean
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The ongoing legal battle between Peter McBreairty and the College of the North Atlantic continued with the first day of an appeal being heard in the Supreme Court of Newfoundland and Labrador in Corner Brook.

Peter McBreairty goes over a document prior to the start of an appeal hearing involving him and the College of the North Atlantic in the Supreme Court of Newfoundland and Labrador in Corner Brook Monday afternoon.

The Corner Brook resident has been fighting his dismissal from the college’s campus in Qatar since that happened in May 2003.

The latest court matter is an appeal filed by McBreairty in relation to the college’s refusal to provide McBreairty with certain information, despite the province’s Office of the Information and Privacy Commissioner recommending documents be released to him.

The documents related to vacation leave payout of a particular person at the Qatar campus. The college did provide documents to McBreairty, but redacted portions which the Office of the Information and Privacy Commissioner said it didn’t have grounds to do.

Besides McBreairty, who is representing himself, and the College of the North Atlantic’s lawyer, Alex Templeton, a lawyer for the Office of the Information and Privacy Commissioner, Andrew Fitzgerald, is also attending the appeal hearing as an intervenor.

The college is claiming that the Qatar campus is a separate legal entity from the College of the North Atlantic, but McBreairty is arguing there is no documentation that delineates the college and the Qatar campus as separate and distinct entities.

The appeal was delayed in starting as Templeton’s flight from St. John’s was delayed Monday morning.

McBreairty began the appeal hearing by cross-examining John Hutchings, the College of the North Atlantic’s vice-president of finances and administration who had supplied the court with an affidavit supporting the college’s stance on the issue.McBreairty’s line of questioning focused on the organizational structure and governance of the Qatar campus and how it relates to the College of the North Atlantic itself.

In defence of his affidavit, Hutchings told the court that the College of the North Atlantic was contracted by the state of Qatar to establish and manage the campus there, but the state of Qatar owns the campus in and it is subject to the laws of that country.

Further, Hutchings said that employees may be recruited and hired by the College of the North Atlantic, but they are not necessarily considered to be employees of the Qatar campus and not the college itself.

Twitter: WS_GaryKean

 

* Last sentence edited to clarify * 

 

 

 

Organizations: College of the North Atlantic, Office of the Information

Geographic location: Qatar, Corner Brook

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Recent comments

  • Martin
    July 05, 2014 - 18:27

    I thought this was about Peter McBreairty getting justice after many years of effort, rather than someone bringing a completely different issue into the pot. Does the word selfish come to anyone's mind???

  • Edward Smith
    May 27, 2014 - 17:43

    Very interesting story. So the College of the North Atlantic (CNA) is saying it hires workers for the Qatar College and ships them over there, but really they are not CNA employees? Hmmm...... So Dumb Question #1, why doesn't Qatar College come to NL and hire the employees themselves? Is it possible that Qatar contracted CNA to do that for them, and if so, does not CNA have a legal and binding agreement that would imply it has a contractual obligation to the people it hires, even if they are "stationed" in Qatar? In my opinion, CNA has been caught, like a deer caught in the headlights, and doesn't know why way to turn to get out of this legal issue. So now the matter is becoming a legal chess game. If so, whoever has the smartest lawyer wins... Say for example CNA hires me for Qatar. I quit a $ 100,000 a year job, head for the airport, but get a call from CNA saying Qatar changed their mind and the deal is off. So I can't sue CNA, I have to sue Qatar? I don't think so... Would love to have a front row seat -- and a bag of popcorn -- and be able to sit in the Supreme Court to listen in on this one. I gotta feeling CNA is gonna lose. If so, CNA should rename one of its buildings, and call it the McBreairty Building.

  • Shirley R Shea
    May 27, 2014 - 08:44

    If CNA-QATAR is governed by the laws of Qatar, why does the college refuse to pay End of Service Gratuity to their non- resident employees, who are working in Qatar.4

    • Abdulla
      May 28, 2014 - 07:27

      Excellent point you have there.