Seymour v Kerzner International Bahamas Ltd

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judge: Demeritte-Francis, P.
• Judgment Date: 19 March 2015
• Date: 19 March 2015
• Docket Number: IT/NES/1514/10

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1514/10

Seymour

and

Kerzner International Bahamas Limited

Appearances:

Mr. Khalil Parker on behalf of the applicant.

Ms Amitra Jones on behalf of respondent.

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

Demeritte-Francis, P.

WHEREAS:

1 (1) By Certificate of Referral dated 9 September, 2010, 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 Chef de Cuisine and was dismissed by the respondent on 6 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 18 March, 2015 both parties informed the Tribunal that they had entered into agreement; and

5 (5) On the 19 March, 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 twenty eight thousand five hundred dollars ($28,500.00) 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 29 October, 2010; and

THE DECISION OF THE TRIBUNAL IS AS AGREED AND THEREFORE IT IS SOORDERED:

• (1) That the respondent pay to the applicant the sum of twenty eight thousand five hundred dollars ($28,500.00).

• (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 29 October, 2010 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 29 October, 2010 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 SOORDERED:

AND...