Elvis Andrews v Candid Security Ltd (Cleveland Duncombe)

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judge: Ernie E. Wallace
• Judgment Date: 28 August 2014
• Docket Number: No. BIT/NR/042

In the Matter of the Industrial Relations Act Chapter 321

And

In the Matter of the Employment Act, 2001

Between

Elvis Andrews

Applicant

and

Candid Security Ltd. (Cleveland Duncombe)

Respondent

Before:

HIS Honour Ernie E. Wallace, Vice President

No. BIT/NR/042

Year: 2013

IN THE INDUSTRIAL TRIBUNAL

NORTHERN REGION

APPEARANCES:

Meridian Law Chambers for Applicant

Simeon R. Brown & Co. for Respondent

1 The applicant filed an originating application on the 12 ^th July, 2013 claiming compensation from the Respondent for wrongful dismissal.

2 The applicant was employed by the respondent from 14 ^th April, 1997 to 17 ^th March, 2009. At the time of termination, the applicant's weekly salary was $400.00.

3 In a meeting held 27 ^th October, 2008 the applicant and one Mr. Weech were switching roles. Mr. Weech was being assigned to Club Fortuna and the applicant was being reassigned to the office.

4 On the 30 ^th October, the applicant received a letter from Mr. Cleveland Duncombe the President and Chief Executive Officer of the Respondent, stating that his salary was being reduced to $400.00 per week.

5 The applicant protested his salary reduction and the matter ended up at the Labour Board.

6 On 28 ^th October, 2008, Mr. Duncombe wrote a letter to the applicant listing nine topics that had been discussed in a meeting the day before.

7 The letter is reproduced here for easy reference.

• 1. Security Officers reporting to work at Club Fortuna late or not at all on a consistent basis; and yet in over one (1) year not one officer hace been disciplined either verbally or in writing .

• 2. Security Officers not searching all staff cars .

• 3. Officers not following procedures reference to access control, persons are not screened properly, not given a visitors badge or a contractor's badge .

• 4. Delivery, officers not making proper entries in the log reference to the driver and passenger's full names .

• 5. Incident Reporting; reports/statements are not being done in a timely manner if at all, and absolutely nothing is being forwarded or reported to Candid Security Office, I get to find out about things if I call or check and sometimes find out about things days or weeks later .

• 6. Incident involving S/O Derrix Rolle alleged theft of a camera from the security gate, you were asked on three different occasions to submit a report about it

• 7. You stated on several different times that S/S Denise Hepburn was not performing up to par and wanted her removed or terminated, you were asked to put your concerns about her performance in writing over and over, not done as yet

• 8. On Monday 6 ^th October, 2008, you informed Mr. Farquharson that you were taking some days, Friday and Monday off, the Discovery weekend and going to Abaco, and that you were leaving S/S C. Cooper who was on vacation to deal with the time cards. You decided to go off the Island without discussing the same with me or Mr. Farquharson, or even getting permission to take the time off .

• 9. On Friday 24 ^th October, 2008, there was a fire in the garbage bin at Club Fortuna, you visited the property during the fire and left before the fire was completely extinguished, stating that you had a previous dinner engagement with your wife and out of town...