Lindy L. Darville v Budget Rent-A-Car {Bahamas} Ltd

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judgment Date: 13 June 1997
• Docket Number: No.53 of 1997

In the Matter of the Industrial Relations Act

Lindy L. Darville

Applicant

and

Budget Rent-A-Car {Bahamas} Limited

Respondent

No.53 of 1997

INDUSTRIAL TRIBUNAL

NASSAU/FREEPORT

The facts:

The Applicant was employed with the Respondent as Assistant Manager thereof in September, 1983. At the commencement of his employment he was fifty {50} years of age {birth date — 20/3/33}.

The Applicant was not given a letter of employment, nor did he execute a contract of employment when he commenced working with the Respondent. He said that a few years after he commenced working with the Respondent, he was presented by the Respondent with “Terms Of Employment” which he ultimately executed, and which has been submitted in evidence by the Respondent.

The Applicant's employment was terminated by the Respondent by letter dated 16th May, 1992. His salary at the time of his dismissal was $435.00/week, and he was given the equivalent of five {5} weeks pay upon termination.

The Applicant alleges that he was wrongfully dismissed by the Respondent.

Counsel for Applicant: None.

Counsel for Respondent: James M. Thompson Esq.

DECISION AND REASONS

Consideration of the Evidence:

1 The Applicant stated that his responsibilities as Assistant Manager included: opening of the work place; preparation of the work place, and supervising all staff which included an Administrative Assistant, Ms. Barbara Marshall.

2 In his evidence in chief the Applicant stated that he was punctual at work, and that generally speaking he was always at the job site when he was supposed to be there.

3 He said that in general, he got on well with his subordinates.

4 Evidence was however adduced to the Tribunal, that as early as October, 1986, the Applicant's management capabilities and style was found wanting.

5 When the Applicant was referred by Respondent's counsel to a memorandum dated 16th October, 1986 from Monique Lockhart {Customer Service Representative [CSR]}, although he denied making the statement in reference to Ms. Lockhart, “these young girls go out at night whoring and get babies and go to Dr. Donaldson to have abortions…”, he said that he unfortunately “parrotted” what was being said to him in a conversation with a friend, in the presence of or in audible distance from Ms. Lockhart.

6 Again, according to the Applicant's own memorandum of 13th February, 1987, he found it difficult to work with the Administrative Assistant, Ms. Barbara Marshall; he objected to her monitoring of the operations staff, i.e. the vehicle maintenance staff.

7 By the Applicant's own admission, certain surgery that he underwent in 1987 {July} for a ruptured appendix, followed closely by surgery for massive ventral hernia repair, did impact negatively upon his tolerance, and job performance.

8 These surgical procedures caused deterioration in the Applicant's management capabilities {which were apparently inadequate even prior thereto}.

9 By memorandum dated 20th November, 1989, the Applicant was chided by the Managing Director, to “improve his employee relations and customer service immediately.” The Applicant offered no satisfactory rebuttal to that memorandum.

10 By memorandum dated 5th March, 1990, from the Managing Director, the Applicant was reprimanded for returning to “Control” “stale dated” commission cheques which were payable to referral agents. The Applicant offered no satisfactory excuse for this in cross-examination.

11 He was also reprimanded in that same memorandum for taking long lunch breaks on...