Thaddeus Toote v Bahamas Tele Communications Corporation

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judgment Date: 20 October 1997
• Docket Number: No. 3 of 1997

In the Matter of The Industrial Relations Act

Thaddeus Toote

Applicant

and

Bahamas Tele Communications Corporation

Respondent

No. 3 of 1997

INDUSTRIAL TRIBUNAL

NASSAU

The Facts:

The Applicant was employed on 12th August, 1985, as a Security Guard.

By letter dated 26th March, 1996, the Applicant was suspended by the Respondent for thirteen {13} working days, purportedly because on Monday, March 4, 1996, while working the 4 pm – 12 midnight shift at Perpall Tract, he left the compound without permission and drove the Respondent's vehicle #378 without authorisation, and as a consequence his post was left unattended.

In the said letter, he was also told that his suspension was effective April 1, 1996, and that he was to report back to work on April 18, 1996.

He was further admonished in the letter to show significant improvement in his conduct, attitude and performance, and was told unequivocally that any future misconduct would result in termination of his employment.

While on suspension, the Applicant submitted a medical certificate from the Accident and Emergency Department of the Princess Margaret Hospital {hereinafter called “the hospital”} dated 7th April, 1996, to the Respondent certifying that the Applicant was unfit to work for a period of fourteen {14} days.

The Applicant was thenceforth due to return to work on April 21, 1996.

However on 29th April, 1996, the Respondent received a further medical certificate which appeared to be dated 20th April, 1996, and issued by Dr. Cleland Gooding; the said certificate purportedly declared the Applicant unfit for work for a period of one {1} week from the date thereof.

On close examination by Mr. Anthony Thompson, the Foreman of the Security Services Department of the Respondent, the Certificate appeared to be altered in one particular, viz., it appeared that the “20” thereon was originally a “10”, and the digit, “1” had been converted into a “2”.

Mr. Thompson suspected that the Applicant had commited a forgery, and he visited the Records Department of the hospital at about 10:20 am, on 29th April, 1996. Mr. Basil Mackey, a senior Supervisor of the Security Services Department, accompanied him.

Ms. Gloria Cartwright, Supervisor of the said Records Department checked her records, and confirmed that the Applicant had visited Dr. Gooding's office on April 10, 1996, and not on 20th April, 1996.

On 7th May, 1996, Dr. Cleland Gooding confirmed in writing to the Respondent, that indeed he saw the Applicant on 10th April, 1996, and not on 20th April, 1996, as alleged by the Applicant.

By letter dated 7th May, 1996, Dr. Glen Beneby, Acting Medical Staff Coordinator of the hospital, confirmed that the Applicant was seen in the Accident and Emergency Department of the hospital on 7th April, 1996, and was diagnosed as having chicken pox. Dr. Beneby also stated that the Applicant was subsequently seen on 19th April, 1996, at which time he was given a further period of seven {7} days sick leave.

The Respondent was however satisfied that the Applicant had forged the handwriting of Dr. Gooding, and by letter dated 28th May, 1996, terminated his employment effective 29th May, 1996 for the suspected forgery which supervened the suspension which had already been imposed upon him with respect to his abandonment of his post in Perpall Tract, and unauthorised use of the Respondent's vehicle as aforesaid.

In the said letter of termination, the Respondent pointed out inter alia that he had already been admonished against further negative behaviour upon pain of being terminated if such behaviour recurred.

Subsequent to the Respondent's termination of the Applicant, on 12th September, 1996, the Director of Human Resources and Public Relations of the Respondent wrote to the said Dr. Beneby requesting clarification of the apparent conflict in the dates of the Applicant's visit to the hospital.

Dr. Beneby replied on 19th September, 1996, acknowledging the conflict in the dates, but stating that upon perusal of Dr. Gooding's notes and the relevant National Insurance Form, he was prepared to confirm that the Applicant had visited the hospital on 19th April, 1996, even though upon...