Corrine Higgins v Kerzner/Island Hotel Company

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judge: Indira N. Demeritte-Francis
• Judgment Date: 24 September 2014
• Docket Number: IT/NES/1517/10

Between

Corrine Higgins

and

Kerzner/Island Hotel Company

Before:

Her Honour, Vice President Indira N. Demeritte-Francis

IT/NES/1517/10

INDUSTRIAL TRIBUNAL

New Providence

Appearances:

Mr. Sidney Campbell for the Applicant

Mr. Samuel Rahming, Director and Manager of Labour Relations for the Respondent (along with Mr. Omar Rolle)

RULING

1 By Originating Application filed the 15 ^th November, 2010 the Applicant brought before the Tribunal an application for wrongful termination due to the employer's failure to give proper notice or payment in lieu of notice.

2 This matter was set down for hearing by the Tribunal on the 24 ^th and 25 ^th September, 2014 by way of Notice of Hearing dated 2 ^nd September, 2014.

3 At the hearing on the 24 ^th September, 2014 both Counsel for the Applicant and Counsel for the Respondent were asked to address the Tribunal on the question of Jurisdiction.

4 That is, whether the Tribunal had Jurisdiction pursuant to section 68(2) of the Industrial Relations Act, 1970, Chapter 321 to hear and decide the matter presently before it.

5 Section 68(2) reads as follows:

“A trade dispute may not be reported to the Minister if a period of more than twelve months has elapsed since the dispute first arose, and any dispute not reported within that period shall be deemed to have been determined, so however, that the Minister may in any case extend such period if he considers it just to do so.”

6 The relevant documents presented to the Tribunal as evidence in support of the allegations made by the Applicant indicated that the dispute in this matter first arose on the date when the Applicant would have been terminated by the Respondent. This date is not disputed by Counsel for the Respondent. The Applicant was terminated by the Respondent on the 8 ^th July, 2007. Therefore, time starts to run in this action from and including the effective date of termination, which is the 8 ^th July, 2007.

7 In Dedman v British Building and Engineering Appliances Ltd 1974 ICR 53) establishes the principle that:

“If an employee is summarily dismissed, with or without payment in lieu of notice, the effective date of termination is the date on which he is dismissed or ceases to work.”

8 However, the Minister of Labour under the Act has a discretionary power to grant an extension of time to the Applicant. That is, “the Minister may (our emphasis) in any case extend such period………..”.

9 Counsel for the Applicant submitted that the Tribunal had Jurisdiction to deal with the matter before it and it was his view that the Certificate of Referral from the Ministry of Labour should impliedly cure that defect and that it be presumed by the Tribunal that the Minister intended to grant...