Butler v Cable Beach Resort Ltd

• Jurisdiction: Bahamas
• Judge: Lockhart, P.
• Judgment Date: 26 January 2015
• Court: Industrial Court (Bahamas)
• Docket Number: 1488 of 2010
• Date: 26 January 2015

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...