Nakia Lashann Dean v Bristol Wines & Spirits Ltd

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judge: Harrison L. Lockhart
• Judgment Date: 23 October 2013
• Docket Number: No.1442 of 2010

In the matter of the Industrial Relations Act

And

In the matter of the Employment Act, 2001

Nakia Lashann Dean

Applicant

and

Bristol Wines & Spirits Limited

Respondent

Before:

His Honour Harrison L. Lockhart, President.

No.1442 of 2010

INDUSTRIAL TRIBUNAL

NASSAU

Appearances:

Counsel for the Applicant — Dennis Williams Esq.

Representative for the Respondent — Mr. Eric Butler, Vice President — Finance & Human Resources.

DECISION AND REASONS

The Facts:

1 The Applicant commenced employment with the Respondent on July 15, 2004 as a cashier.

2 She was promoted firstly to the position of Retail Store Supervisor in July of 2006, and ultimately to the position of Assistant Retail Store Manager on January 18, 2008.

3 The Applicant was summarily dismissed by the Respondent by letter dated September 15, 2009 as follows:

“Ms. Nakia Dean

Jacaranda Street

Nassau, The Bahamas

Dear Ms. Dean:

RE

RE: Termination of Employment

This letter serves to advise that your employment with Bristol Group of Companies Limited is terminated effective immediately for just cause, without notice or pay in lieu of notice due to:

• • On May 25, 2009, your store was counted and discrepancies were recorded. You were put on notice for the inventory shortages and overages and asked to improve on the management of inventory control.

• • Your store was subsequently counted on August 13, 2009 and discrepancies were recorded. You were verbally cautioned by Teneille Thompson in the presence of Omen Darville to safeguard the inventory and count continually.

• • On September 9, 2009 your store was counted and the losses amount to $1,665.85 for the period 08/14/09 to 09/09/09.

As a result your employment is hereby terminated effective immediately. A cheque for earned vacation pay in the amount of B$84 is enclosed.

Yours truly,

BRISTOL GROUP OF COMPANIES LIMITED

Eric Butler

Vice President-Finance

cc: Personnel file”

4 The Applicant alleges that she was wrongfully dismissed by the Respondent. Her salary at the time of her dismissal was $525.00 per week.

The Evidence:

5 The Applicant testified that her duties as Assistant Retail Store Manager included inter alia bare counts of inventory and faxing reports concerning inventory periodically to the Respondent's head office.

6 She said that she routinely only found minor discrepancies in her inventory audits.

7 She ran random spot checks. The main inventory audit was done at the end of the month by Omen Darville, head of the Inventory Department and Donna Wells.

8 She said that Mr. Teneille Thompson (now deceased), Senior Manager and Cameron Mortimer, supervisor (who worked under her) were there also.

9 She noted that Mr. Teneille Thompson was responsible for the Paradise Island store as well as other stores.

10 Although she did not participate in the actual count of the inventory, she said that the exercise was done in her presence.

11 When the inventory count was done in May of 2009 she was astounded to learn that there was a discrepancy of approximately $6,000.00.

12 She said that prior to being transferred to the Respondent's Paradise Island store she had requested that an inventory count be done of that store, but she was told that it was not necessary.

13 She noted that apart from the duties and responsibilities listed on her job description, she was also responsible for stocking, cleaning, cashing and preparing deposits.

14 She would prepare the deposits at the end of the day or the following morning and an armoured truck would pick them up.

15 She testified that approximately 70% of inventory would be in the store at any given time and the remainder would be in the storeroom adjacent thereto.

16 She noted that other persons had access to the storeroom inventory as well, viz., Teneille Thompson, Cameron Mortimer, supervisor (her subordinate), Derek Culmer, clerk and Edward (she could not recall his last name).

17 She said that all of these persons had access to the keys to the storeroom with the full knowledge of Mr. Teneille Thompson, her Senior Manager, and in the circumstances she made certain recommendations to him in order to improve inventory control, but the recommendations were largely ignored.

18 She noted nonetheless that it would not have been practical for her to have exclusive access to the storeroom while serving customers at the same time.

19 She was absolutely shocked when she received her letter of termination. She said that she was singled out as being responsible for inventory losses at the Paradise Island store and no investigation was carried out with respect to any responsibilities that might readily have been attributed to Mr. Thompson or Mr. Mortimer for the said losses.

20 It is noted that when the Applicant was transferred to the Paradise Island store, her...