Leroy McIntosh v Super Value Food Stores Ltd

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judgment Date: 05 June 2002
• Docket Number: No.577 of 2001

In the matter of the Industrial Relations Act

Leroy McIntosh

Applicant

and

Super Value Food Stores Limited

Respondent

No.577 of 2001

INDUSTRIAL TRIBUNAL

NASSAU

Counsel for the Applicant — Rawson McDonald Esq.

Representative for the Respondent — Mrs. Candy Kelly.

DECISION AND REASONS

The Facts:

1 The Applicant commenced employment with the Respondent as a butcher on November 12, 1987. He was summarily dismissed by the Respondent on June 26, 2001, pursuant to the terms of his contract of employment, for gross insubordination and threats of harm to management of the Respondent.

2 The Applicant while admitting that his language or words uttered to his Manager were prima facie threatening, he averred that he was merely responding to acts of intimidation on the part of his Manager and Supervisor, and hence in the circumstances he was wrongfully dismissed by the Respondent, and claims damages in respect of his wrongful dismissal.

3 At the time of the Applicant's summary dismissal by the Respondent he was working in the capacity of Freezer Selector.

The Evidence:

4 The Applicant testified that one day in June of 2001 he was asked by his immediate supervisor, Mr. Sidney Rolle, “to pull a meat order”.

5 He said that Mr. Rolle was quite aware that he had difficulties working in the freezer, because he had complained to him previously about his arthritic knee which required arthroscopic surgery.

6 The Applicant said that he was able to pull the light dairy orders, but he was unable to deal with the meat order.

7 He said that he went for lunch at about 12:00 p.m. on that particular day, and returned between 2:30 p.m. and 3:00 p.m.

8 On his return from lunch he was immediately confronted by Mr. Rolle, who queried the length of time that he spent out to lunch, even though he had not pulled the meat order as he had earlier requested.

9 Mr. Rolle then reported him to Mr. Philip Delancy, the Warehouse Manager, who also queried the amount of time that he spent out for lunch, and inquired as to his reasons for not complying with Mr. Rolle's instructions to pull the meat orders.

10 The Applicant testified that Mr. Delancy confronted him in a very belligerent manner, and was “in his face” so to speak. Mr. Delancy said, “Listen here boy, I am sick and tired of you!”

11 Meanwhile according to the Applicant, Mr. Rolle had driven immediately behind him on the motorized Jack. In other words he was sandwiched between Mr. Delancy and Mr. Rolle.

12 The Applicant testified that at this point he told Mr. Delancy that he would buck both his and Sidney's heads together.

13 Mr. Delancy then told him to punch his card out. In the circumstances he refused to do so, and Mr. Delancy then called the police.

14 When the police arrived he said that he explained to them that he was working for the Respondent for some 13 years, and that they wanted to fire him for nothing.

15 One of the police officers asked Mr. Delancy if he would accept an apology from him. He thereupon apologized, but at the same time denied ever threatening to fight him.

16 Mr. Delancy then told him that he forgave him, but he was still suspended for the rest of the day without pay, and that he would get back to him after contacting Mr. Roberts about the matter.

17 Mr. Sidney Rolle testified that at all material times he was the immediate supervisor of the Applicant.

18 He said that on the day that Mr. Delancy sent the Applicant home, he had been out for lunch for approximately two hours.

19 He had earlier asked the Applicant for his meat orders in the presence of Mr. Delancy to no avail.

20 Mr....