Sandramae Miller v City Markets Ltd

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judge: Harrison L. Lockhart
• Judgment Date: 16 May 2012
• Docket Number: No.1416 of 2010

In the matter of the Industrial Relations Act

And

In the matter of the Employment Act, 2001

Sandramae Miller

Applicant

and

City Markets Limited

Respondent

Before:

His Honour Harrison L. Lockhart, President.

No.1416 of 2010

INDUSTRIAL TRIBUNAL

NASSAU

Appearances:

Applicant pro se.

Counsel for the Respondent — Kenneth Lightbourne Esq.

DECISION AND REASONS

The Facts:

1 The Applicant commenced employment with the Respondent as a packing clerk on July 26, 1993.

2 She alleges that she was wrongfully dismissed by the Respondent on April 16, 2008.

3 At the time of her dismissal her salary was $210.40 per week.

4 She claims damages for wrongful dismissal and two (2) weeks' vacation pay due and owing to her.

5 The Respondent alleges that it did not wrongfully dismiss the Applicant and avers that she was dismissed for just cause because she stole from it by reason of employment.

The Evidence:

6 The Applicant testified that her duty as packing clerk was to pack the groceries for the customers. She said that she commenced employment at the Village Road branch of the Respondent. She was later transferred to its Harbour Bay branch, and ultimately to its Seagrape branch where she was fired.

7 She said that sometimes when cashiers were not available the store Manager would ask her to cash. The Manager was Mr. Brentwood Thompson.

8 She said that she was fired because the Respondent accused her of stealing by reason of employment.

9 When she was fired she did not receive a letter of termination of her employment.

10 She testified that Ms. Barbara Laing, the Cashier Supervisor, accused her of stealing $9,000.00 from the cash drawer. She further accused her of stealing $20,000.00.

11 She said that she was subsequently arrested for stealing by reason of employment. The police searched her home and did not find anything. She was taken to C.I.D. and questioned. She said that she told the police that she did not know anything and that she did not see anything.

12 She testified that she was later taken to court on two occasions: firstly, she was charged with stealing $9,000.00, and then she was subsequently charged with stealing $20,000.00. On both occasions the charges were dismissed against her.

13 The Applicant testified that since her wrongful dismissal by the Respondent she currently works for herself selling phone cards. She said however that she does not make much money. She noted that she has 8 children to support and that she has to hustle to support her family. She has to pay $500.00 per month rent, and her light bill is currently $1000.00.

14 She said that nobody from the Respondent ever told her that she was suspected of stealing $9,000.00 or $20,000.00.

15 Under cross-examination she testified that when she worked temporarily as a cashier, more often than not, the Manager, Mr. Brentwood Thompson would enter his code into the. cash register in order for her to use it. Occasionally, the head cashier would similarly enter her code. She was not aware of either code.

16 She said that Mr. Thompson taught her how to use the computer. She was never given a temporary code; and was never trained as a cashier.

17 She said that she was never “short” on the drawer. She testified that if she was asked to fill in 4 days of the week for a cashier she would be paid $340.00 (approximately) for that week.

18 She said that she began to fill in for cashiers sometime in 2008. If she made a mistake she would call the Manager. If she had to give a customer a refund she would call the Manager. When a customer would pay by debit card she would call the Manager. She would never perform these transactions on her own.

19 She said that she never dealt with charge accounts and in fact does not know what they are. She is only familiar with receiving cash. She said that she does not know how to process credit or debit cards. As far as she was aware however, the Manager had confidence in her.

20 She noted that if she worked the evening shifts, the head cashier would...