Albury

• Jurisdiction: Bahamas
• Court: Industrial Court
• Judge: Demeritte-Francis, P.
• Judgment Date: 14 Dec 2015
• Docket Number: IT/NES/1636/11

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1636/11

Albury

and

Harbourside Resort at Atlantis Development Ltd.

Appearances:

Mr. Rawson Mcdonald on behalf of applicant.

Mr. Stephen Turnquest on behalf of respondent.

Employment Law - Industrial dispute — Termination of employment — Dismissal — No admission of liability — Matter settled.

Demeritte-Francis, P.

WHEREAS:

1 (1) By Certificate of Referral dated 19 July, 2011 the Minister referred the subject dispute to the Industrial Tribunal; and

2 (2) The applicant was at all material times employed with the respondent as a Payroll Co-ordinator and was terminated by the respondent on 11 January, 2011; and

3 (3) The applicant alleges that she was wrongfully dismissed by the respondent; and

4 (4) The hearing of the matter began before the Industrial Tribunal on the 28 September, 2015 and the continuation commenced on the 14th December, 2015; and

5 (5) On the 14 December, 2015 the applicant's attorney and the respondent's attorney appeared before the Industrial Tribunal to inform the Tribunal that they had entered into an agreement.

6 (6) The respondent without admitting any liability to the applicant whatsoever has agreed to pay to the applicant the sum of Thirty-Two Thousand Five Hundred Dollars ($32,500.00) and the applicant has agreed to accept the amount in full and final settlement of the applicant's claim as outlined in the Originating Application filed in the Industrial Tribunal dated 28 September, 2011; and

THE DECISION OF THE TRIBUNAL IS AS AGREED AND THEREFORE IT IS SO ORDERED:

• (1) That the respondent pay to the applicant the sum of Thirty-Two Thousand Five Hundred Dollars ($32,500.00).

• (2) That upon payment as aforesaid the applicant shall execute a Deed of Release in favour of the respondent releasing the respondent from all actions, claims and demands whatsoever with respect to her employment with the respondent.

• (3) That upon payment as aforesaid the applicant has also agreed to execute a withdrawal (Form K) of the Originating Application dated 28 September, 2011 and to file it forthwith within the Registry of the Industrial Tribunal.

• (4) The Originating Application filed by the applicant in the Industrial Tribunal on the 28 September, 2011 is decided accordingly pursuant to 12(1)(b) of the Industrial Relations (Tribunal Procedure) Rules, 2010 and is hereby marked Settled.

THE DECISION OF THE TRIBUNAL IS AS AGREED...