Hamilton v Dykton Mechanical Company Ltd

• Jurisdiction: Bahamas
• Judge: Demeritte-Francis, P.
• Judgment Date: 01 September 2015
• Date: 01 September 2015
• Court: Industrial Court (Bahamas)
• Docket Number: IT/NES/1537/10

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1537/10

Hamilton

and

Dykton Mechanical Company Limited

Appearances:

Errol McKinney on behalf of applicant.

Mr. Valentine Grimes and Dwayne Rodgers on behalf of respondent.

Employment Law - Industrial dispute — Tribunal Procedure — No admission of liability — Matter settled.

Demeritte-Francis, P.

WHEREAS:

1 (1) By Certificate of Referral dated 15 November, 2010; 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 Office Manager and was wrongfully dismissed by the respondent on 2 July, 2010; and

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

4 (4) The hearing of the matter began before the Industrial Tribunal on the 15 October, 2014; and

5 (5) On the 1 September, 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 in accordance with the executed Deed of Settlement 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 26 January, 2011; and

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

• (1) That the respondent pay to the applicant the sum of ten thousand dollars ($10,000.00) in accordance with the executed Deed of Settlement dated 18T” August, 2015.

• (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) That upon payment as aforesaid the applicant has also agreed to execute a withdrawal (Form K) of the Originating Application dated 26 January, 2011 and to file it forthwith within the Registry of the Industrial Tribunal.

• (4) The Originating Application filed by the applicant in the Industrial Tribunal on the 26 January, 2011 is decided accordingly pursuant to Rule 12(1)(b) of the Industrial Relations (Tribunal Procedures) Rules 2010 and is hereby marked Settled.

THE DECISION OF THE TRIBUNAL IS...