Sidney Lloyd Strachan v Cecil Smith (d.b.a. Foxlair Food Store)

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judgment Date: 21 May 2006
• Docket Number: No. 909 of 2005

In the matter of the Industrial Relations Act

And

In the matter of the Employment Act, 2001

Sidney Lloyd Strachan

Applicant

and

Cecil Smith (d.b.a. Foxlair Food Store)

Respondent

No. 909 of 2005

INDUSTRIAL TRIBUNAL

NASSAU

Applicant appearing pro se.

No Appearance by or on behalf of the Respondent.

The Facts & Evidence:

1 [Pursuant to Rule 8(1) of the Industrial Relations {Tribunal Procedure} Rules, 1997, both parties hereto were duly served with Notices of Hearing of this matter scheduled to commence at 10 o'clock in the fore-noon in court #1 at the Industrial Tribunal on Monday, May 21, 2001.

2 Neither did the Respondent nor a representative on his behalf appear as scheduled and no excuse whatsoever was given by the Respondent nor a representative on his behalf for his non-appearance.

3 In the circumstances pursuant to Section 53 (F) (1) (a) of the

4 Industrial Relations {Amendment} Act, 1996, the Tribunal proceeded to hear this matter in the absence of the Respondent].

5 The Applicant commenced employment with the Respondent in the capacity of Acting General Manager in October of 2004. He was summarily dismissed by the Respondent by letter dated June 22, 2005 as follows:

“June 22, 2005

Foxlair Food Store

Attention: Mr. Sidney Strachan Act. General Manager

Dear Mr. Strachan,

We regret to inform you that effective immediately your services here at Foxlair Food store is no longer required, due to breach of company' s policies and failure to perform your duties.

Please make reference to our meeting on April 13, 2005, where as I strongly instructed all managers and yourself that all house charges is ceased as of today, with the exception of Ms. Davis. However you took it upon yourself to charge items yesterday June 21, 2005, along with two of the other employees. This type of action is insubordinate and disrespectful to your superiors, which will not be tolerated.

On Saturday, June 18, 2005, a supplier came to the store with tomatoes for sale, it is your duty to gather all information from the vendor and contact, or forwarded it to person in charge of purchasing, instead you neglected to do so and chose to tell the vendor to come back on Monday when Mrs. George in purchasing will be available, you also told vendors that you cannot purchase or order any goods, it appears that the only time you decide to broke company's rules is when it's beneficial to your self. (e.g. NO HOUSE CHARGES), this type of behavior is inappropriate and unacceptable at Foxlair Food store.

Mr. Strachan as I once said to you on numerous occasions I am not pleased with your performance and the management operation in my establishment, when Ms. Morrison or myself give an instruction we expect for you as the Acting General Manager to delegate, and assure us that...