Dorothy Ferguson v Lowes Alarm Service Ltd

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judge: Keith H. Thompson
• Judgment Date: 20 January 2011
• Docket Number: IT/NES/1284/09

Between:

Dorothy Ferguson

Applicant

and

Lowes Alarm Service Limited

Respondent

Before:

His Honour Keith H. Thompson

IT/NES/1284/09

INDUSTRIAL TRIBUNAL

New Providence

Appearances:

Mr. Obie Ferguson, Counsel for the Applicant

No appearance by or on behalf of the Respondent

DECISION

1 This matter came on for hearing on October 05 ^th, 2011. The Applicant appeared. However, despite the fact that the Respondent was properly served, the Respondent chose not to appear. The matter proceeded pursuant to section 59 (1), (a) of the Industrial Relations Act 1971which reads as follows:-

59 (1) In addition to the powers conferred on it under the foregoing provisions of this Act the Tribunal may—

(a) proceed to hear and determine any question arising in connection with a dispute in the absence of any party who has been duly summoned to appear before the Tribunal and has failed to do so.

EVIDENCE OF DOROTHY FERGUSON:

2 At the time of giving evidence the Applicant was employed with Esso Carmichael Road. She began this employment on January 15 ^th, 2009 earning a salary of $200.00 per week. She worked five (5) days per week. In 1997 the Applicant was employed with Lowes Alarms as an alarm operator. The Applicant worked with the Respondent for some nineteen (19) years. While there she earned a salary of $339.00 per week.

3 The Applicant went on to explain why she was no longer employed with Lowes Alarm. Her evidence is that two years prior to her termination another Lowes Alarm employee who was a friend of hers was terminated. When the Applicant went on vacation she went to visit this friend who worked at Security World. While there, someone took a picture of her car and passed it on to Lowes Alarm. When the Applicant was due back to work from vacation, she was called in for her schedule and she was told that Carolyn Cartwright wanted to see her. The Applicant went in and was shown a picture of her car parked in front of Security World which belonged to her friend. She was told by Ms. Cartwright that she wasn't supposed to be there or have any dealings with her friend because he was the competition. No employer is in a position to tell an employee where he or she can or cannot go especially on their own time as in vacation time. According to the evidence there was never any statement made to the Applicant that she was working for the competition. The Applicant then left and went to Mr. Ferguson's office.

4 According to the Applicant, she was paid one week's vacation pay. She had been paid already for the one week she was off but they had owed her...