D'arville

• Jurisdiction: Bahamas
• Judge: Demeritte-Francis, P.
• Judgment Date: 03 September 2015
• Docket Number: IT/NES/1615/11
• Court: Industrial Court (Bahamas)
• Date: 03 September 2015

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1615/11

D'arville

and

Paradise Breezes Co. Limited (t/a Seahorse Sailing Adventures)

Appearances:

Ms. Vanesssa D'Arville Pro Se.

Mr. Darren Bain on behalf of respondent.

Employment Law - Industrial dispute — Termination of employment — Dismissal — No admission of liability — Matter settled.

Demeritte-Francis, P.

WHEREAS:

1 (1) By Certificate of Referral dated 30 May, 2011 the Minister referred the subject dispute to the Industrial Tribunal; and

2 (2) The applicant was at all material times employed with the respondent as a Financial Controller and was wrongfully dismissed by the respondent on 21 March 2011; and

3 (3) The applicant alleges that she was wrongfully dismissed by the respondent; and

4 (4) The hearing of the matter began before the Industrial Tribunal on the 27 and 28 July, 2015; and

5 (5) On the 3 September 2015 the parties appeared before the Industrial Tribunal to inform the Tribunal that they had entered into an agreement and laid over to the Tribunal the relevant documents; and

6 (6) The respondent without admitting any liability to the applicant whatsoever has agreed to pay to the applicant the sum of twelve thousand seven hundred forty seven dollars ($12,747.00) in accordance with the executed Deed of Settlement dated 3 September, 2015 and the applicant has agreed to accept the amount in full and final settlement of the applicant's claim as outlined in the Originating Application filed in the Industrial Tribunal dated 29 July, 2011; and

THE DECISION OF THE TRIBUNAL IS AS AGREED AND THEREFORE IT IS SO ORDERED:

• (1) That the respondent pay to the applicant the sum of twelve thousand seven hundred forty seven thousand dollars ($12,747.00) in accordance with the executed Deed of Settlement dated 3 September, 2015.

• (2) That upon payment as aforesaid the applicant shall execute a Deed of Release in favour of the respondent releasing the respondent from all actions, claims and demands whatsoever with respect to his employment with the respondent.

• (3) That upon payment as aforesaid the applicant has also agreed to execute a withdrawal (Form K) of the Originating Application dated 29 July, 2011 and to file it forthwith within the Registry of the Industrial Tribunal.

• (4) The Originating Application filed by the applicant in the Industrial Tribunal on the 29 July, 2011 is decided accordingly pursuant to Rule 12(1)(b) of the...