Butler v Cable Beach Resort Ltd

JurisdictionBahamas
CourtIndustrial Court
JudgeLockhart, P.
Judgment Date26 Jan 2015
Docket Number1488 of 2010

Industrial Tribunal

Lockhart, P.

1488 of 2010

Butler
and
Cable Beach Resort Limited
Appearances:

Counsel for the applicant — Obie Ferguson Jr. Esq.

Counsel for the respondent — Kenneth Lawrence Lightbourne Jr.Esq.

Employment Law - Industrial dispute — Termination of employment — Dismissal — Basic pay — Gratuity — Allowance — Whether applicant entitled to pay in lieu of notice — Compensation awarded.

Lockhart, P.
THE FACTS:
1

At the commencement of the Hearing of this matter on January 19, 2015, both counsel agreed as follows:

  • i. That the proper name of the respondent is as appears, and not “Bahamas Development Company Limited/Cable Beach Resort Limited” as appears on the Certificate of Referral by the Minister dated July 1, 2010.

  • ii. That the basic pay of the applicant was $181.20.

  • iii. That at all material times the applicant was employed as a “line staff” employee with the respondent.

  • iv. That the applicant was entitled to pay in lieu of notice as prescribed by law.

2

The records of the respondent indicated that the applicant commenced employment as a room attendant on December 6, 1983, and she was summarily dismissed by the respondent on December 8, 2008.

3

Counsel agreed to submit the question of the applicant's entitlement to pay in lieu of notice to the Tribunal for its determination.

DECISION:
4

In Betty K. Agencies Limited v. Suzanne Fraser - No. 270 of 2013, Court of Appeal, Civil Side, it was unequivocally re-stated that “where statutory provisions exist, the case law can only be a guideline as to the possible meaning and interpretation to be given to the statutory provisions-[and that] section 29 of the [Employment] Act sets out the formula by which the requisite notice of termination is calculated…”

5

Section 29(1)(b) of the Employment Act (“the Act”) provides as follows:

  • “29. (1) For the purposes of this Act, the minimum period of notice required to be given by an employee to terminate the contract of employment of an employee shall be - _

  • (b) Where the employee has been employed for twelve months or more –

    • (i) two weeks' notice or two weeks' basic pay in lieu of notice, and

    • (ii) two weeks' basic pay (or a part thereof on a pro rata basis) for each year up to twenty-four weeks….”

6

Under section 2(1) of the Act the term “basic pay” is defined as “the rate of pay of an employee exclusive of all bonuses, overtime payments and allowances.”

7

In...

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