Desiree Denise Davis v Cess Insurance Company Ltd

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judgment Date: 15 April 2003
• Docket Number: No.659 of 2002

In the matter of the Industrial Relations Act

and

In the matter of the Employment Act, 2001

Desiree Denise Davis

Applicant

and

Cess Insurance Company Limited

Respondent

No.659 of 2002

INDUSTRIAL TRIBUNAL

NASSAU

Representative for the Applicant — Ms. Yolanda Christie

No appearance by or on behalf of the Respondent

DECISION AND REASONS

1 WHEREAS:

• A. No Appearance or Defence was entered herein by or on behalf of the Respondent; and

• B. The parties were duly served with Notices of Hearing dated 17th January, A.D., 2003, pursuant to Rule 8 of the Industrial Relations {Tribunal Procedure} Rules, 1997, that this matter was scheduled to commence at 10:00 a.m. on February 17, 2003, in Court Number 1; and

• C. The Respondent did not appear at the Hearing of this matter and neither did anyone appear on its behalf PURSUANT TO SECTION 53F(1) (a) of the Industrial Relations {Amendment} Act, 1996, the Tribunal proceeded to hear and determine this matter in the absence of the Respondent.

The Facts and Evidence:

2 The Applicant commenced employment with the Respondent as a receptionist sometime in May or June of 1998 at a salary of $125.00 per week, and she was quickly given more responsibilities as office assistant, agent and messenger.

3 In effect the Applicant ran the office for the Respondent; she wrote all types of insurance contracts for the Respondent except life and health insurance, and calculated their respective rates etc.

4 The Applicant attended S.C. McPherson Secondary School and subsequently obtained an Associates in Arts degree in Computer Systems Management from Success Training College. She also obtained two {2} certificates from the Bahamas Hotel Training College.

5 The Applicant testified that in October of 2001, Mr. Mario Bannister, one of the beneficial owners of the Respondent, hired Miss Monique Minnis in the capacity of Office Manager of the Respondent.

6 In or around May of 2002, there was discord between Star General Insurance Agents & Brokers Ltd. {“Star”} and Mr. Slade Seymour, the other beneficial owner of the Respondent as to monies due and owing by the Respondent to Star in respect of premiums collected.

7 According to the testimony of the Applicant, the Respondent was sub-agent for Star and entitled to 10% of premiums collected. She said that she was entitled as agent to 2% of the 10% collected by the Respondent in respect of her efforts. She was however never paid the said commission to which she was...