Majorie Kemp v Eddie Chemally

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judgment Date: 02 October 1998
• Docket Number: No. 48 of 1997

In the matter of the Industrial Relations Act

Majorie Kemp

and

Eddie Chemally

(trading as Souvenir spot)

and

Victor Goitia

No. 48 of 1997

INDUSTRIAL TRIBUNAL

New Providence

Mr. Richard E. Wells — for the Applicant

The Respondent did not appear

DECISION

1 The Applicant appeared before the Tribunal on the 14 ^th September 1998, for hearing of this matter. The first nor the second Respondent appeared nor did they make an effort to communicate with the Tribunal to explain their non-appearance. Mr. Leslie Dean, the Secretary of the Tribunal gave evidence that the Respondents were in fact served with the Notices of Hearing but that there had been no response up to the present date.

2 Having been satisfied that the Respondents were duly served with the Notices of Hearing, I directed the matter to proceed in the absence of the Respondents.

3 The Applicant Rebecca Kemp gave evidence that she was 62 years old and presently unemployed. The last time she was employed was September 1988. The second Respondent was her Employer from August 1975 until September, 1987 when the first Respondent took over the business.

4 At the time she was working at the “Get Smart” store which was owned by the Second Respondent. During the third week in September 1987 her Employer, Victor Goitia, told her that he had to sell the store and by the end of the month Mr. Eddie Chemally the first Respondent would be her new boss.

5 According to the Applicant when the first Respondent took over the business he reassured her that she need not worry because he would honor the period If employment she had accumulated with her former employer.

6 She said that she understood this to mean that her services would be continuous from the time she started working with the second Respondent up to the present. She continued her employment at the same salary, namely $165.00. She was then sent to another store owned by the Respondent known as “Souvenir Spot” where she remained until her termination.

7 In February 1988, the first Respondent was visiting the Souvenir Spot with his eldest son when she told him that the girls were taking vacation and she wanted to set her vacation down. He replied that he did not know who told any girls about any vacation; but anyone who worked for him, had to be working for fifteen (15) years before getting any vacation.

8 When she took the store's earnings in for the day, one of her fellow colleague told her that the first Respondent left a message for her to leave the store keys. She wanted to know how would she be able to get the keys back because she lived far out and by the time she picked up the keys the next morning and got to work, it would be late.

9 Mrs. Chemally told her to go to the store the next morning and they would bring the keys. She went to work the following morning and waited until 10:00am. The Delivery boy brought the keys to her. The first Respondent and his son then visited and questioned her concerning a discussion she was suppose to have had with another employee when she dropped off the keys. She told him that the extent of their discussion was that she only asked how she was going to get to work that afternoon.

10 He then informed her that he was going to let some of the girls go, because business was slow. He confirmed that she was one of them. He then instructed her that all he wanted her to do was to work two (2) weeks, get her pay and that was it, so to speak.

11 The Applicant then asked him what about all the years he had told her he would be taking care off. He told her that she had to see the second Respondent about that. she then told him that she had to check into this to see what were her rights. The first Respondent responded that she could get out of his business now and that there was no rights to get. Despite this, the Applicant stayed at work for the remainder of the day, balance the monies she had made, and made sure that it...