Jeffrey Woods v Tycoon Management Ltd

• Jurisdiction: Bahamas
• Judge: Harrison L. Lockhart
• Judgment Date: 29 July 2013
• Docket Number: No.1432 of 2010
• Court: Industrial Court (Bahamas)

In the matter of the Industrial Relations Act

And

In the matter of the Employment Act, 2001

Jeffrey Woods

Applicant

and

Tycoon Management Limited

Respondent

Before:

His Honour Harrison L. Lockhart, President.

No.1432 of 2010

INDUSTRIAL TRIBUNAL

NASSAU

Appearances:

No appearance by or on behalf of the Applicant.

Counsel for the Respondent — Alexander Morley Esq. and with him Roberto L. Reckley Esq.

DECISION AND REASONS

[Whereas Notices Of Hearing pursuant to Rule 8 of the Industrial Relations (Tribunal Procedure) Rules, 2010, were duly served upon the parties hereto; and

Whereas neither did the Applicant nor anyone on his behalf appear at the Hearing of this matter; and

Whereas no lawful excuse or excuse whatsoever was tendered to the Tribunal by or on behalf of the Applicant for his failure to appear at the Hearings; Pursuant to section 59(1) (a) of the Industrial Relations Act, Chapter 321, the Tribunal proceeded to hear this matter in the absence of the Applicant].

The Facts and Evidence:

1 By Originating Application dated April 29, 2010, the Applicant alleges that he commenced employment with the Respondent sometime in May of 2009 in the capacity of Vice President and Director of Operations.

2 The Applicant was hired at a salary of $65,000.00 per annum.

3 The Applicant alleges that he was wrongfully and summarily dismissed by the Respondent sometime in December of 2009. He says that he was terminated without notice or pay in lieu thereof, and that he was not terminated for cause.

4 In the circumstances the Applicant claims damages for wrongful dismissal representing “severance and notice pay”.

5 The Respondent in its Defence admits that the Applicant was summarily dismissed in December of 2009, but avers that the Applicant was dismissed for just cause because of his gross insubordination.

6 Ms. Zanadetfce Ethel Dean testified that she was at all material times employed as the Executive Assistant Manager of the Respondent having commenced employment in that capacity since September of 2006.

7 She said that right from the commencement of the Applicant's employment he did not respect her; he did not regard her “as some one that he needed to deal with”.

8 She said that the Applicant was indeed employed in the capacity of Vice President and Director of Operations of Sawyers Machine Shop, a subsidiary of the Respondent.

9 She said that during the Applicant's short tenure of employment with the Respondent, it became quite apparent that the Applicant was not given to following the Respondent's rules and procedures.

10 On a number of occasions the Applicant would curse or swear when he could not get his way.

11 Ms. Dean testified that in December of 2009 the Applicant's wife paid her a visit at the Respondent's premises and she expressed concern about a receipt from a hotel that she had found in the Applicant's possession. She also informed her that the young man employed by the Applicant in his shop was on drugs.

12 Upon investigating the matter Ms. Dean said that she was instructed by Captain James Curling, the President of the Respondent to advise the Applicant to get rid of the young man.

13 She said that when she confronted the Applicant accordingly he immediately ‘threw’ a temper tantrum and said, “I am fucking tired of your shit! I don't report to you! you are not my boss!”

14 She said that because of the Applicant's gross insubordination and insolence and having regard to the prior incidents of his swearing and cursing at her, all of which were reported to the President of the Respondent, the Applicant was summarily dismissed in December of 2009.

Relevant Law:

15 Section 31 of the Employment Act, 2001, provides:

“31. An employer may summarily dismiss an employee without pay or notice when the...