Pratt v Island Hotel Company Ltd (atlantis) Aura Nightclub

JurisdictionBahamas
CourtIndustrial Court
JudgeDemeritte-Francis, V.P.
Judgment Date29 Apr 2015
Docket NumberIT/NES/1520/2020

Industrial Tribunal

Demeritte-Francis, V.P.

IT/NES/1520/2020

Pratt
and
Island Hotel Company Limited (atlantis) Aura Nightclub
Appearances:

Mr. Damien White for applicant.

Mr. Omar Rolle along with Mr. Samuel Rahming for the respondent.

Employment Law - Industrial dispute — Termination of employment — Dismissal — Jurisdiction — Whether claim fell within statutory definition of unfair dismissal — Application dismissed.

Demeritte-Francis, V.P.
WHEREAS:
1

) The applicant was employed by the respondent as a Bartender and/or cashier in the respondent's nightclub; and

2

) This dispute arises out of the termination of employment of the applicant who claimed wrongful dismissal. The applicant was terminated by the respondent on the 6th October, 2009; and

3

) The applicant filed a Trade Dispute Report with the Ministry of Labour and Social Development dated the 21st July, 2010; and

4

) The only issue relevant to the dispute that was stated by the applicant in the Trade Dispute Report was a claim for wrongful dismissal; and

5

) By Certificate of Referral dated 5th October, 2010 the Minister referred the Trade Dispute Report to the Industrial Tribunal for the claim of wrongful dismissal; and

6

) The applicant filed in the Industrial Tribunal an Originating Application (Form A) on the 10th March, 2011 and only pleaded a claim for unfair dismissal in the Originating Application; and

7

) A Notice of Appearance (Form D) and Defence (Form E) were filed by the respondent on the 14th March, 2011 and 16th March, 2011 respectively; and

8

) The matter was set down for hearing by way of Notice of Hearing (Form J) on the Wednesday 29th and Thursday 30th April, 2015 in Court 3 at 10:00 am; and

9

) At the hearing of the matter a preliminary submission was made by counsel for the respondent that the process of resolving this limited trade dispute as defined in the Industrial Agreement governing the relationship between the parties to this action had already been invoked by the applicant in this matter and ought to continue to binding private Arbitration; and

10

) It was further submitted that pursuant to sections 45.7.1 and 45.8 of the Industrial Agreement which is binding on the parties to this action that the matter ought not to be before the Tribunal for hearing and therefore counsel for the respondent on that basis seeks to have the Originating Application of the applicant dismissed; and

11

) In...

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