Brooks v Stuart Cove's Dive

• Jurisdiction: Bahamas
• Judge: Demeritte-Francis, P.
• Judgment Date: 24 June 2015
• Court: Industrial Court (Bahamas)
• Docket Number: IT/NES/1703/12
• Date: 24 June 2015

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1703/12

Brooks

and

Stuart Cove's Dive

Appearances:

Mr. Van Delaney on behalf of applicant.

Mr. Rawson McDonald 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 1 February, 2012 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 Sub-Supervisor/Dive Master Boat Captain and was summarily dismissed by the respondent on 9 May, 2011; and

3 (3) The applicant alleges that he was wrongfully and/or unfairly dismissed by the respondent; and

4 (4) On the hearing of the matter which began before the Industrial Tribunal on the 17 June, 2015 both parties informed the Tribunal that they had entered into agreement; and

5 (5) On the 24 June, 2015 the parties appeared before the Industrial Tribunal to lay over to the Tribunal the relevant documents; and

6 (6) The respondent without admitting any liability to the applicant whatsoever has agreed to pay to the applicant the sum of ten thousand dollars ($10,000.00) 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 20th January, 2012; and

THE DECISION OF THE TRIBUNAL IS AS AGREED AND THEREFORE IT IS SOORDERED:

• (1) That the respondent pay to the applicant the sum of ten thousand dollars ($10,000.00).

• (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 his 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 20 January, 2012 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 20 January, 2012 is decided accordingly pursuant to Rule 12(1)(b) of the Industrial Relations (Tribunal Procedures) Rules 2010 and is hereby marked Settled.

THE DECISION OF THE TRIBUNAL IS AS AGREED AND THEREFORE IT IS SOORDERED:

AND THIS IS THE ORDER OF THIS TRIBUNAL

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