Anita Jesse Rigby v The Resort at Bahamia

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judge: Jethlyn A. Burrows
• Judgment Date: 06 May 2008
• Docket Number: No. NR/0390

In the Matter of the Industrial Relations Act Chapter 321

Between

Anita Jesse Rigby

Applicant

and

The Resort at Bahamia

Respondent

Before:

Her Honour Jethlyn A. Burrows, Chairman

No. NR/0390

2000

IN THE INDUSTRIAL TRIBUNAL

NORTHERN REGION

APPEARANCES:

Kwasi Thompson, Esq., for the Applicant

Obie Ferguson, Esq., accompanied by Errol Mckinney for the Respondent

DECISION AND REASONS

1 This dispute was heard before the Industrial Tribunal on the 19 ^th March, 2004 and the 10 ^th May, 2004 after the parties failed to reach a settlement at the conciliation stage before the Labour Board.

2 The Applicant, Anita Jesse Rigby was employed by the Respondent, The Resort At Bahamia for a period of twenty-eight (28) years. Her employment with the company commenced on the 20 ^th November, 1972 and ended on the 23 ^rd June, 2000.

3 From the outset of the hearing, Counsel for the Respondent conceded that the Applicant was wrongfully dismissed. What could not be agreed between the parties was the amount of notice to which the Applicant was entitled and whether or not the Applicant held a managerial/supervisory position.

4 The Applicant held the post of Financial Analyst and led evidence to show that her duties, responsibilities and benefits put her in the category of Middle Management and the company referred to her position as a Supervisory position:-

• • She was prohibited from joining the Bahamas Hotel Catering and Allied Workers Union because of her managerial status.

• • As Financial Analyst for the Towers, she along with the Financial Analyst for the Country Club ranked next to the Assistant Financial Controller and Financial Controller.

• • She had certain privileges in terms of her unlimited laundry benefits and her meal benefits that enabled her to dine in any one of their restaurants once daily that non-managerial staff did not have. (The lesser staff had to dine in the cafeteria.

• • She had someone working under her that reported directly to her at the end of each month.

• • She received five (5) weeks vacation per annum and two (2) weeks bonus pay at the end of the year.

• • She was qualified for her job having received a Certificate of Bookkeeping and Accounting from a business school here in Freeport.

5 To determine whether or not the Applicant held a managerial post the Tribunal looked at the substance of her job and not merely the job title assigned to her.

6 The Respondent called its current...