Theria Thompson v Bristol Group of Companies Ltd

• Jurisdiction: Bahamas
• Judge: Harrison L. Lockhart
• Judgment Date: 03 April 2013
• Docket Number: No.1394 of 2010
• Court: Industrial Court (Bahamas)

In the matter of the Industrial Relations Act

And

In the matter of the Employment Act, 2001

Theria Thompson

Applicant

and

Bristol Group of Companies Limited

Respondent

Before:

His Honour, Harrison L. Lockhart, president.

No.1394 of 2010

INDUSTRIAL TRIBUNAL

NASSAU

Appearances:

The Applicant pro se.

Representative for the Respondent — Mr. Eric Butler, Vice President for Finance & Human Resources.

DECISION AND REASONS

The Facts & Evidence:

1 The Applicant was at all material times employed with the Respondent in the capacity of Assistant Retail Store Manager having commenced employment as a cashier on April 2, 2001.

2 By letter dated September 18, 2009 the Applicant was summarily dismissed by the Respondent as follows:

“Ms. Theria Thompson

St. Paul Street, Chippingham

Nassau, N.P.

Bahamas

Dear Ms. Thompson:

RE

RE: Termination of Employment

This letter serves to advise that your employment with Bristol Group of Companies Limited is terminated effective immediately for just cause, without notice or pay in lieu of notice, due to:

• • Cross negligence with regards to your duties and responsibilities;

• • On July 19, 2009, your store was counted and discrepancies were recorded. You were put on notice for the inventory shortages and overages and asked to improve on the management of inventory control. The results of this loss was $5,397 and for the period January 1, 2009 to July 19, 2009 is approximately short $7,185;

• • Your store was subsequently counted on September 16 & 17, 2009 and discrepancies were recorded resulting in a net inventory loss of $1,139.13;

• • Furthermore, on May 22, 2009 you admitted to leaving the store's safe unlocked and unattended which resulted in a deposit bag being stolen that valued approximately $1,828; and

• • More so, on July 15, 2009 you were responsible for receiving 40 cases of Miller Steel Reserve 12 oz. and did not thoroughly account for the transfer resulting in an error.

A cheque for earned vacation pay in the amount of $425.00 is enclosed.

Details concerning your participation in the company's pension scheme will be provided under separate cover.

Yours truly,

BRISTOL GROUP OF COMPANIES LIMITED

Eric Butler

Vice President-Finance

cc. Personnel file”

3 When the Tribunal asked the Applicant if she had any comments concerning the allegations by the Respondent contained in her letter of termination she responded that she could not deny that the allegations were entirely untrue, but that the Respondent had introduced a new system which did not appear to function accurately. She said that sometimes when she posted numbers into the system “they would either go over or be entered into a negative”.

4 The Tribunal then asked the Applicant whether she reported the alleged glitches to management. She replied that she sent management an e-mail, but because she was terminated she could not retrieve the relevant e-mail.

5 The Tribunal then referred to the Applicant's detailed job description which noted that she was responsible for accurate inventory controls inter alia. When asked why she did not think it important enough to write an “old-fashioned” letter to management complaining of this difficulty with the new system, she admitted that in retrospect she ought to have done so.

6 The Tribunal then referred to the allegation in the letter of termination that she left the store's safe open. While she admitted leaving the safe open, she said that she did not consider her conduct of any consequence, because...