Bridget Barrow v Peter Hill
Jurisdiction | Barbados |
Judge | Emerson Graham,Beverley Beckles,John Williams |
Judgment Date | 19 November 2020 |
Court | Employment Rights Tribunal (Barbados) |
Docket Number | Case No: ERT/2014/005 |
EMPLOYMENT RIGHTS TRIBUNAL
Emerson Graham, Q.C. Chairman
Beverley Beckles Member
John Williams Member
Case No: ERT/2014/005
Mr. Mark Hope, Attorney-at-Law for the Claimant
Respondent absent
The Claimant was employed by the Respondent as a Housekeeper and a Nanny. She commenced her employment with the Respondent around March 1999.
She continued working with the Respondent until June 25, 2013 a total of 14 years during which time she got no letters of complaint or warning neither was she commended for her work.
On June 25, 2013 she accidently dropped a packet of pills from her pocket. The said pills were picked up by the Respondent who thereupon accused her of trying to poison his dog.-
The Claimant was dismissed on the said June 25, 2013.
The Claimant was later given $100.00 by the Respondent's parents and at a later date was given $360.00 by a Mrs Lee Hill.
She received no further money from the Respondent or anyone associated with him.
The matter came on for hearing on two occasions. On each occasion the Tribunal was informed that messages had been sent to the Respondent but he never responded.
The Tribunal decided to have published in the Barbados Advocate and the Nation Newspaper a notice to the Respondent outlining the date for the hearing of the case. That date for the hearing of the case was 19 th November 2020.
The Registrar of the Tribunal Mr. Winston Chase informed the Tribunal on the 20 th November 2020 stating that the notice was published in the Nation Newspaper on 10 th November 2020 and in the Advocate Newspaper on the 12 th November 2020
The Tribunal concluded that every reasonable effort was made to contact the Respondent and as a consequence ruled in favor of the Claimant.
The Claimant gave sworn evidence that she worked for $400.00 per week. Accordingly, her compensation was worked out consistent with Section 2 (2) (c) of the 5 th Schedule of the Employment Rights Act which gives an amount of $19,200.00 worked out as follows:
(a) Payment in lieu of notice $2,400.00 (6 weeks x $400.00)
(b) Payment for unfair dismissal $16,800.00 (14 years x $1,200.00)
Total $19,200.00
No time limit can be set for payment particularly because we have not located the Respondent
It is almost impossible for the Claimant to seek out and find the...
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