Berryniece Johnson v Bahamas Taxi Cab Union

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judge: Harrison L. Lockhart
• Judgment Date: 07 March 2011
• Docket Number: No. 12.58 of 2008

In the matter of the Industrial Relations Act

And

In the matter of the Employment Act, 2001

Berryniece Johnson

Applicant

and

Bahamas Taxi Cab Union

Respondent

Before;

His Honour Harrison L. Lockhart, President.

No. 12.58 of 2008

INDUSTRIAL TRIBUNAL

NASSAU

Appearances:

The Applicant appeared pro se.

Representative for the Respondent — Mr. Errol McKinney.

DECISION AND REASONS

The Facts and Evidence:

1 The Applicant commenced employment with the Respondent on January 21, 2007, as a bus driver/tour guide.

2 She alleges that during the entire tenure of her employment she was paid a salary of $300.00 per week.

3 The Applicant alleges that she was wrongfully dismissed by the Respondent on July 25, 2008, owing to “a malicious exaggerated complaint” made against her.

4 In effect, she also alleges that she was constructively dismissed because unlawful deductions were made from her salary by the Respondent repeatedly.

5 At the commencement of the Applicant's employment she executed “BUS DRIVERS TERMS OF EMPLOYMENT” which included the following clause:

“12. If an accident should occur during your shift,, it should be reported and if you are wrong it is your responsibility. Should the driver be dismissed for any reason, any monies due to him/her should be in lieu of outstanding debt due to the company such as loans, accidents or others.”

6 The Respondent alleges that it dismissed the Applicant on July 25, 2008 for just cause and avers as follows:

• “1. On or about July 24, 2008 on or about 4:00pm the Applicant made discriminatory remarks to a staff member of Kerzner International, who was a non Bahamian, by saying that she should not be riding the bus neither should she be living and working in the Bahamas.

• 2. The Applicant also entered into an argument with other staff members and as a result threatened to drive the bus...