Patton v.St. Francis Hotel

JurisdictionBahamas
CourtIndustrial Court
JudgeDemeritte-Francis, V.P.
Judgment Date01 Jul 2015
Docket NumberIT/NES/1695/12

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1695/12

Patton
and
St. Francis Hotel
Appearances:

Ms. LaShanda Forde-Brown on record on behalf of applicant — No appearance.

Mr. Peter Mallis holding brief for Mr. Pericles Mallis on behalf of respondent.

Employment Law - Industrial dispute — Termination of employment — Dismissal — No admission of liability — Matter settled.

Demeritte-Francis, V.P.
WHEREAS:
1

(1) By Certificate of Referral dated 15 November, 2011 the Minister referred the subject dispute to the Industrial Tribunal; and

2

(2) The applicant was at all material times employed with the respondent as a Server/ Waitress and was summarily dismissed by the respondent on 28 April, 2010; and

3

(3) The applicant alleges that she was wrongfully dismissed by the respondent; and

4

(4) On the hearing of the matter which began before the Industrial Tribunal on the 22 June, 2015 both parties informed the Tribunal that they had entered into agreement; and

5

(5) On the 1 July, 2015 the parties appeared before the Industrial Tribunal to lay over to the Tribunal the relevant documents; and

6

(6) The respondent without admitting any liability to the applicant whatsoever has agreed to pay to the applicant the sum of two thousand five hundred dollars ($2,500.00) and the applicant has agreed to accept the amount in full and final settlement of the applicant's claim as outlined in the Originating Application filed in the Industrial Tribunal dated 23 March, 2012; and

THE DECISION OF THE TRIBUNAL IS AS AGREED AND THEREFORE IT IS SO ORDERED:
  • (1) That the respondent pay to the applicant the sum of two thousand five hundred dollars ($2,500.00).

  • (2) That upon payment as aforesaid the applicant shall execute a Deed of Release in favour of the respondent releasing the respondent from all actions, claims and demands whatsoever with respect to his employment with the respondent.

  • (3) That upon payment as aforesaid the applicant has also agreed to execute a withdrawal (Form K) of the Originating Application dated 23 March, 2012 and to file it forthwith within the Registry of the Industrial Tribunal.

  • (4) The Originating Application filed by the applicant in the Industrial Tribunal on 23 March, 2012 is decided accordingly pursuant to Rule 12(1)(b) of the Industrial Relations (Tribunal Procedures) Rules 2010 and is hereby marked Settled.

THE DECISION OF THE TRIBUNAL IS AS AGREED AND THEREFORE IT IS SO...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT