Charlton v Home Fabrics Ltd
Jurisdiction | Bahamas |
Judge | Lockhart, P. |
Judgment Date | 18 February 2015 |
Court | Industrial Court (Bahamas) |
Docket Number | 1508 of 2010 |
Date | 18 February 2015 |
Industrial Tribunal
Lockhart, P.
1508 of 2010
Counsel for the applicant - Serfent E. J. Rolle Esq.
No appearance by or on behalf of the respondent.
Employment Law - Industrial dispute — Termination of employment — Dismissal — Allegations of incompetence/dishonesty — Whether applicant dismissed for just cause — Dismissal found to be wrongful — Damages awarded.
[Whereas Notices Of Hearing pursuant to Rule 8 of the Industrial Relations (Tribunal Procedure) Rules, 2010, were duly served upon the parties hereto; and
Whereas neither did the respondent nor anyone on its behalf appear at the Hearing of this matter; and
Whereas no lawful excuse or excuse whatsoever was tendered to the Tribunal by or on behalf of the respondent for its failure to appear at the Hearing;
Pursuant to section 59(1)(a) of the Industrial Relations Act, Chapter 321, the Tribunal proceeded to hear this matter in the absence of the respondent].
The applicant was at all material times employed as the respondent's Warehouse Manager at a net salary of $315.00 per week ($1,350.00 per month).
The applicant commenced employment on or about October 1, 1998 and was summarily dismissed by the respondent on or about July 1, 2010.
By Originating Application dated January 7, 2011, the applicant alleges that he was wrongfully dismissed by the respondent and claims damages for wrongful dismissal and/or reinstatement of his employment.
By Defence dated February 11, 2011, the respondent alleges that the applicant was dismissed for just cause viz.., “incompetence/dishonesty”.
The respondent further alleges that as Warehouse Manager, the applicant was “responsible for the Company's...
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