Carlton Moss Jr. v Quest Capital Enterprises, Ltd

• Jurisdiction: Bahamas
• Judgment Date: 27 March 2002
• Docket Number: No.592 of 2001
• Court: Industrial Court (Bahamas)

In the matter of the Industrial Relations Act

Carlton Moss Jr.

Applicant

and

Quest Capital Enterprises, Ltd.

Respondent

No.592 of 2001

INDUSTRIAL TRIBUNAL

NASSAU

Applicant unrepresented.

No appearance by or on behalf of Respondent.

DECISION AND REASONS

The Facts:

1 [Whereas both parties were duly served with Notices of Hearing of this matter, and neither the Respondent nor counsel on its behalf attended the Hearing on March 27, 2002, pursuant to section 53F(1) (a) of the Industrial Relations {Amendment Act}, 1996, the Tribunal proceeded to hear this matter in the absence of the Respondent.]

2 The Applicant, age 32 years, commenced employment with the Respondent on or about August 8, 2000, as a currency broker.

3 He received remuneration from the Respondent based upon commissions representing 10% of clients' initial investments.

4 The Respondent's required standard of performance for currency brokers was that for every ten clients referred {leads}, the broker was expected to produce one prospectus {front}; and for every 10 fronts, the broker was expected to bring in one new client.

5 The Applicant alleged that on or about August 18, 2001, Mr. Charles Hoffecker, the beneficial owner of the Respondent, uttered profanities against him and others at the Respondent, alleging sub-par performance.

6 The Applicant further alleged that he was wrongfully dismissed on or about August 18, 2001, by the Respondent, and he claims pay in lieu of reasonable notice of termination of his employment together with outstanding statutory vacation pay and such further or other relief that the Tribunal deems just in the circumstances.

7 The Applicant produced monthly activity reports for the period August 2000 through August 2001, indicating his performance and earnings during his year of employment. His monthly earnings were as follows:

2000

August —	$ 550.00
Sept. —	4,583.00
Oct. —	800.00
Nov. —	7,800.00
Dec. —	2,900.00

2001

Jan. —	4,850.00
Feb. —	1,650.00
Mar. —	900.00
April —	100.00
May —	1,250.00
June —	1,900.00
July —	1,500.00
August —	2,000.00

8 The arithmetic median monthly income of the Applicant {excluding the emboldened extraordinary figures} was $1866.66 or $435.54 per week.

9 The Applicant is fairly well educated having attended the Government High School in Nassau,...