Shawn Leroy McDonald v Specialty Management Group Ltd

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judge: Harrison L. Lockhart
• Judgment Date: 23 January 2013
• Docket Number: No.1380 of 2009

In the matter of the Industrial Relations Act

And

In the matter of the Employment Act, 2001

Shawn Leroy McDonald

Applicant

and

Specialty Management Group Ltd.

Respondent

Before:

His Honour Harrison L. Lockhart, President..

No.1380 of 2009

INDUSTRIAL TRIBUNAL

NASSAU

Appearances:

Applicant pro se.

No Appearance by or on behalf of Respondent.

DECISION AND REASONS

[Whereas Notices Of Hearing pursuant to Rule 8 of the Industrial Relations (Tribunal Procedure) Rules, 2010, were duly served upon the parties hereto; and

Whereas neither did the Respondent nor anyone on its behalf appear at the Hearing of this matter; and

Whereas no lawful excuse or excuse whatsoever was tendered to the Tribunal by or on behalf of the Respondent for its failure to appear at the Hearing;

Pursuant to section 59(1) (a) of the Industrial Relations Act, Chapter 321, the Tribunal proceeded to hear this matter in the absence of the Respondent].

The Facts and Evidence:

1 The Applicant testified that he commenced employment with the Respondent in the capacity of a carpenter in October of 2006.

2 His salary was $640.00 per week (which was admitted in the Defence filed on behalf of the Respondent dated December 15, 2009).

3 The Applicant's working hours were 7:30am to 4:30pm – 40 hours per week.

4 He testified that he was summarily and wrongfully dismissed in September of 2009 by the Respondent which alleged that he had breached his contract of employment owing to his absenteeism.

5 The Applicant testified that on the occasions when he had to be absent from work on account of illness, he always presented the Respondent with a medical certificate as proof thereof.

6 On other occasions when he had to miss work because of problems with his children, he said that he always informed both of his supervisors (foremen).

7 He said that at a...