Pamela Theresa Graham v The Island Hotel Company

• Jurisdiction: Bahamas
• Judge: Indira N. Demeritte-Francis
• Judgment Date: 21 October 2014
• Docket Number: IT/NES/1519-10
• Court: Industrial Court (Bahamas)

Between

Pamela Theresa Graham

Applicant

and

The Island Hotel Company

Respondent

Before:

Her Honour, Vice President Indira N. Demeritte-Francis

IT/NES/1519-10

INDUSTRIAL TRIBUNAL

New Providence

Appearances:

Mr. Sidney Campbell for the Applicant

Mr. Samuel Rahming, Director and Manager of Labour Relations for the Respondent (along with Mr. Omar Rolle)

RULING

1 On 20 ^th March, 1993 the Applicant was employed by the Respondent as a Room Attendant for a period of 15 years.

2 By Originating Application filed the 15 ^th November, 2010 the Applicant brought before the Tribunal an application for wrongful termination due to the employer's failure to give proper notice or payment in lieu of notice.

3 This matter was set down for hearing by the Tribunal on the 8 ^th October, 2014 by way of a Notice of Hearing dated 3rd September, 2014.

4 At the hearing on 8 ^th October, 2014 Counsel for the Applicant submitted to the Tribunal that the Applicant agreed with the Respondent that the Applicant was in fact made redundant by the Respondent on 12 ^th November, 2008.

5 This is evidenced by a letter addressed to the Applicant from the Respondent on the 12 ^th November, 2008 exhibited at PG 1 of the bundle of documents submitted by the Applicant. The letter reads as follows:

November 12th, 2008

Pamela T. Graham

Housekeeping—RT

Royal Towers

Mantis

Paradise Island, Bahamas

Dear Employee,

As you are aware, our resort has experienced significant reductions in occupancy levels due to the global economic downturn. As a result, it has become necessary for us to consider our business and staffing needs and adjust accordingly.

Consequently, we regret to advise you that your position has been made redundant effective immediately. Accordingly, and pursuant to the terms of your employment, please find enclosed a cheque in the sum of $5817.83 representing all payments due to you.

We thank you for the contribution you have made as a member of our team. We recognize the challenge this represents and regret that we had to take this decision and wish you every good success for the future.

Yours sincerely,

Karen Carey

Sr. Vice President

Human Resources

6 Counsel for the Applicant further submitted at the hearing of the matter that he would therefore abandon his skeleton arguments and brief, in so far as, they were not relevant to the establishment of the present claim of the Applicant, bearing in mind the agreed position between the parties that the Applicant was made redundant.

7 At the hearing in support of the Applicants claim, the following documents were submitted under a covering letter written to the Secretary to the Tribunal dated 6 ^th October, 2014 and were tendered into evidence:

• (a) A letter dated 13 ^th May, 2008 sent to the Applicant by the Respondent.

• (b) Section 30.12 of the Industrial Agreement between the parties.

8 It was further submitted that the Applicant intended to rely on one witness (the Applicant) and on the additional documents tendered in evidence, which he claimed he had only just received from the Applicant.

9 The redundancy payment made by the Respondent to the Applicant in the sum of $5817.83, is not in dispute. Receipt of this payment has been acknowledged by the Applicant by letter dated 16 ^th June, 2009 at PG2 in the Applicant's bundle of documents. The letter reads as follows:

June 16, 2009

Mrs. Karen Carey

Senior Vice President

Human Resources

Kerzner International Bahamas Limited

Paradise Island

Nassau, Bahamas

Dear Mrs. Carey:

This is to acknowledge that I, Pamela T. Graham, have received cheque # 300933 in the amount of $5817.83 for service rendered to Kerzner International for 15 years. Please be informed that this is partial payment and I expect to receive the balance due to me.

Thank you for your co-operation in this matter.

Sincerely

Pamela T. Graham

10 In addition however, the Applicant is claiming that the Respondent still owes her a balance of $7,188.41, representing full payment to her under her terms and conditions of employment.

11 The Applicant alleges that when the Respondent made her redundant from Atlantis, the Respondent should have paid to her a total of $13,058.24 in full and final settlement of her entitlements.

12 The Applicant alleges that her full claim is the sum of $13,058.24. This sum is calculated on the fact that she has alleged that her weekly salary at the time she was made redundant was $500.24.

The Applicants claim is calculated as follows:

Basic pay	$181.20
Tips	$319.04
Total	$500.24

13 In response, the Respondent's defence is that the Applicant was paid in full all that she was entitled and due under the terms and conditions of her employment. The Respondent submitted that they were relying on the provisions of the Industrial Agreement and the redundancy provisions in the Employment Act, 2001.

14 Furthermore, Counsel for the Applicant and Counsel for the Respondent had agreed between themselves that the Applicant's basic pay is in fact $181.20.

15 Additionally, it was further submitted by the Respondent, that as the Applicant agreed that she was in fact made redundant by the Respondent, there was no need for the Respondent to call on any witnesses. The Respondent submitted that it would only be relying on the bundle that was prepared and forwarded to the Secretary to the Tribunal in this matter.

16 Therefore, having regard to the facts as outlined above and the Applicant's claim for an additional payment in the sum of $7,188.41 to be made by the Respondents, it is the view of the Tribunal that the only issue that is presently before the Tribunal to be determined in this matter, is whether her basic pay would include the tips that she alleges she was entitled to from the Respondent.

17 In support of the Applicant's claim she presented to the Tribunal the above mentioned letter dated 13 ^th May, 2008. This was a letter sent to the Applicant by the Respondent on 13 ^th May, 2008 on Atlantis letterhead. The letter reads as follows:

13th May, 2008

Dear Sir/Madam

Re; Pamela Graham

This is to confirm that Pamela Graham is employed as a Room Attendant in the Housekeeping—RT Department.

Pamela has been with the Company from...