Dave Williams v Island Hotel Company Ltd

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judgment Date: 23 January 2006
• Docket Number: No.814 of 2004

In the matter of the Industrial Relations Act

And

In the matter of the Employment Act, 2001

Dave Williams

Applicant

and

Island Hotel Company Limited

Respondent

No.814 of 2004

INDUSTRIAL TRIBUNAL

NASSAU

Representative of the Applicant — Mr. Errol

Mckinney Counsel for the Respondent — Ms. Paula Adderley

DECISION AND REASONS

The Facts:

1 The Applicant was at all material times employed as a security supervisor at the Respondent having commenced employment with the Respondent on September 19, 1994.

2 The Applicant alleged in his Originating Application that he was wrongfully dismissed by the Respondent on October 13, 2003, insofar as the Respondent acted in breach of his employment contract.

3 The Applicant claimed damages for the said breach together with ancillary benefits including vacation pay, meal pay, insurance and pension benefits.

4 The Respondent in its Defence denied that the Applicant was wrongfully dismissed or that it acted in breach of the Applicant's contract of employment or that the Applicant is entitled to any ancillary benefits as alleged or otherwise and averred as follows:

“On October 06, 2003, and October 08, 2003, Mr. Williams a security supervisor swiped the employee swipe card of security officer Rommel Rolle at the Atlantis Royal Towers Department. Further, on October 08, 2003 he had the same security officer swipe in for him. The effect of these transactions was to fraudulently represent the employees' attendance at work when they were not. This is a major breach of company policy and is tantamount to theft as the employee is being paid monies that he is not entitled to. Mr. Williams was informed that his actions constituted a major breach of his employment contract and would result...