Kimberly Clarke v Abaco Markets Company

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judge: Ernie E. Wallace
• Judgment Date: 31 July 2014
• Docket Number: No. BIT/NR/044

In the Matter of the Industrial Relations Act Chapter 321

And

In the Matter of the Employment Act, 2001

Between

Kimberly Clarke

Applicant

and

Abaco Markets Company

Respondent

Before:

HIS Honour Ernie E. Wallace, Vice President

No. BIT/NR/044

Year: 2013

IN THE INDUSTRIAL TRIBUNAL

NORTHERN REGION

APPEARANCES:

Ms. Kimberly Clarke, Applicant

Mr. Darren Bain for Respondent

1 The applicant worked for the Respondent at the Respondent's Store, Solomon's, Queens Highway, Freeport, Grand Bahama.

2 She started on May 23, 2007.

3 She gave evidence that her last day of work was May 31-2012.

4 The applicant worked as a store clerk. Her salary was $5.40 per hour, or $212.00 per week, she stated.

5 In her evidence she stated that on June 2 ^nd, 2012 Mr. John Scott sent her home.

6 In her evidence the applicant stated that Mr. John Scott told her that she was being sent home because she was nor wearing the Company's uniform shirt.

7 In her evidence she stated that she was not wearing the uniform shirt. She stated that she was wearing a blue T-shirt and blue Dickie's pants.

8 She stated in her evidence that she was ‘supposed’ to be wearing the Company's shirt.

9 She further stated in her evidence that the reason she was not wearing the Company's shirt was because that shirt was soiled.

10 The Applicant stated that one Jermaine Smith told her that she could not work without wearing the Company's uniform shirt.

11 She stated that Jermaine Smith sent her upstairs to Mr. Scott and she was told by Mr. Scott that as long as she did not wear the Company's uniform shirt she could nor work for the Company.

12 The applicant's evidence is that after the meeting with Mr. Scott she went home.

13 Further in her evidence the applicant stated that she went back to work on June 4 ^th, for a meeting.

14 She stated that in the meeting with her were Mrs. McKinney and Jermaine Smith.

15 The applicant stated that Mrs. McKinney from Human Resources asked her how long she was with the Company and she replied ‘five years’.

16 In the meeting Mrs. Mckinney told the applicant that she (Mrs. McKinney) had instructed Jermaine Smith to write her a letter of warning about not wearing the uniform shirt. She said that she refused to take the warning letter.

17 The applicant stated to the Tribunal that Mrs. McKinney told her that if she did not wear the Company's shirt she was no longer employed with the Company. She said she...