Darling v Sandyport Homeowners Association Ltd

• Jurisdiction: Bahamas
• Judge: Demeritte-Francis, P.
• Judgment Date: 24 June 2015
• Court: Industrial Court (Bahamas)
• Docket Number: IT/NES/1619/11
• Date: 24 June 2015

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1619/11

Darling

and

Sandyport Homeowners Association Limited

Appearances:

Mr. Errol J. McKinney on behalf of applicant.

Mr. Khalil Parker 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 June, 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 Plumber Supervisor and was summarily dismissed by the respondent on 29 December, 2010; and

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

4 (4) The hearing of the matter began before the Industrial Tribunal on the 16 June, 2015; and

5 (5) On the 24 June, 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 ten thousand dollars ($10,000.00) 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 5 August, 2011; and

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

1 (1) That the respondent pay to the applicant the sum of ten thousand dollars ($10,000.00).

2 (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 (3) That upon payment as aforesaid the applicant has also agreed to execute a withdrawal (Form K) of the Originating Application dated 5 August, 2011 and to file it forthwith within the Registry of the Industrial Tribunal.

4 (4) The Originating Application filed by the applicant in the Industrial Tribunal on the 5 August, 2011 is decided accordingly pursuant to 12(1)(b) of the Industrial Relations (Tribunal Procedure) Rules, 2010 and is hereby marked Settled.

AND THIS IS THE ORDER OF THIS TRIBUNAL

Indira N. Demeritte-Francis

President