Janson Elliot Saunders v Higgs and Associates Ltd

• Jurisdiction: Bahamas
• Judgment Date: 21 September 2001
• Docket Number: No.515 of 2000
• Court: Industrial Court (Bahamas)

In the matter of the Industrial Relations Act

Janson Elliot Saunders

Applicant

and

Higgs and Associates Limited

Respondent

No.515 of 2000

INDUSTRIAL TRIBUNAL

NASSAU

The Facts:

The Applicant commenced employment with the Respondent as an autocad technician on March 28, 1995.

His employment ceased with the Respondent on November 24, 1999, and at that time his salary was $650 per week.

The Applicant alleges that he was constructively and ergo wrongfully dismissed by the Respondent, and the Respondent avers that it did not wrongfully dismiss the Applicant or dismiss the Applicant at all, but that it did by letter dated November 24, 1999, formally acknowledge termination of its employment relationship with the Applicant after the Applicant's abandonment of his duties on November 24, 1999, as follows:

“Dear Janson,

After your altercation with Mr. Brown, our Office Manager, your actions and job abandonment of yesterday, I am writing to confirm your termination of employment with Higgs and Associates Ltd. on the basis of abandonment. Your actions relating to personal liberties of taking days off without prior management approval, comments such as you do not need anyone's approval for time off, continuous unhappiness with salary etc. all amount to this course of action.

Being that you had only worked on Friday, November 19, 1999 {pay being $130.00 per day} and you are entitled for the remaining personal/sick day which you had taken a half of a day on October 8, 1999 {pay being $65.00}, less your personal reimbursements to this company, we enclose a check in the amount of $88.07 {reimbursement sheet enclosed showing charges back to April 1999}.

It is unfortunate that this situation occurred but it is in the best interest of all parties concerned and all association with Higgs and Associates or its consultants, suppliers, etc. on our behalf is now terminated. If there are any items in your possession that belong to Higgs and Associates please return them immediately. All benefits including National Insurance etc. are now formally terminated.

Yours sincerely,

Higgs and Associates Ltd. — Architects

Gerard Higgs, IBA, Assoc., AIA”

The Applicant alleges that he was wrongfully and/or constructively dismissed by the Respondent, inasmuch as the Respondent's behaviour towards him was so abusive and demeaning as to be tantamount to a repudiation of his contract of employment.

Counsel for the Applicant — Keod M. Smith Esq.

Counsel for the Respondent — Damien A. L. Gomez Esq.

DECISION AND REASONS

The Evidence:

1 The Applicant testified that many of the allegations contained in his letter of termination dated November 24, 1999, from the Respondent, are untrue.

2 He said that he never took days off without getting management's approval, and he denied ever making comments to the effect that he did not need approval for time off.

3 He never expressed dissatisfaction with his salary; to the contrary, he was happy with his salary.

4 He admitted however that he did request increases in salary from time to time.

5 A few weeks prior to termination of his employment, the Applicant wrote twice to the Respondent as follows:

“November 4, 1999

Higgs & Associates Limited Architects

Bay & Deveaux Streets

Attn: Gerard Brown

Re: Yearly Increments

I've been an employee of Higgs and Associates for three years and seven months, excluding the one month I left the company in August 1977. My return as of today, has been a consecutive two years and two months now. Upon becoming a member of the staff, I was told in my interview, that I would receive a raise yearly, with reviews every six months.

Last year the entire staff excluding myself received increments. In some cases, more than one increment was issued. This year, again the entire staff excluding those who recently joined the firm and myself, has received an increase in the salary. Is there a problem why I haven't received an increment or review? Please let me know.

Yours truly,

Janson e. Saunders

November 11, 1999

Higgs & Associates Limited Architects

Bay & Deveaux Streets

Attn: Gerard Higgs

Re: Salary Increase

I am writing this to remind you of our verbal agreement on November 8, 1999, that I would receive an increase in my salary, Thursday November 11, 1999. I've been an employee of Higgs and Associates for three years and seven months now. I was expecting an increment last year and never received it. My last increase was September 4, 1997. I've been patient for a little over two years now and am looking forward to what we discussed.

Thanks in advance.

Yours truly,

Janson e. Saunders”

6 The Applicant testified that on Tuesday November 23, 1999, Mr. Gerard Brown, the Office Manager of the Respondent approached him in the kitchen between 8:30am. and 9:00am. Mr. Brown asked if he could speak with him for a minute.

7 He said that Mr. Brown said that he could not see anyone taking a full day off to repair a car.

8 Mr. Brown also complained that the Respondent's owner, Mr. Gerard Higgs, expressed annoyance by the continuous letters from the Applicant demanding a raise in salary.

9 The Applicant testified that Mr. Brown said that when he began working, he never made much money, but now he makes out...