Swann v Osprey Developers Company Ltd

JurisdictionBahamas
CourtIndustrial Court
JudgeDemeritte-Francis, P.
Judgment Date24 Sep 2015
Docket NumberIT/NES/1663/11

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1663/11

Swann
and
Osprey Developers Company Limited
Appearances:

Mr. Audley Hanna on behalf of applicant.

Mr. Kenneth Lightborne on behalf of respondent.

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

Demeritte-Francis, P.
WHEREAS:
1

(1) By Certificate of Referral dated 7 October, 2011 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 Carpenter and was dismissed by the respondent in November, 2009; and

3

(3) The applicant alleges that he was wrongfully dismissed by the respondent; and

4

(4) The hearing of the matter began before the Industrial Tribunal on the 16th and 17th September, 2015; and

5

(5) On the 24th September, 2015 the parties appeared before the Industrial Tribunal to inform the Tribunal that they had entered into an agreement and gave an undertaking to the Tribunal to lay over the executed Deed of Settlement and Release and other 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 seven thousand dollars ($7,000.00) 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 27 June, 2012; and

THE DECISION OF THE TRIBUNAL IS AS AGREED AND THEREFORE IT IS SO ORDERED:
  • (1) That the respondent pay to the applicant the sum of seven thousand dollars ($7,000.00).

  • (2) That upon payment as aforesaid the applicant shall execute a Deed of Release in favour of the respondent releasing the respondent from all action, 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 27 June, 2012 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 the 27 June, 2012 is decided accordingly pursuant to 12(1)(b) of the Industrial Relations (Tribunal Procedure) Rules, 2010 and is hereby marked Settled.

THE DECISION OF THE TRIBUNAL IS AS AGREED AND THEREFORE IT IS SO ORDERED:

AND THIS IS...

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