Deborah Clinton v Felix Broome Inc., T/A Barbados Beach Club

JurisdictionBarbados
JudgeEmerson Graham,John Williams,Frederick Forde
Judgment Date30 July 2020
CourtEmployment Rights Tribunal (Barbados)
Docket NumberCase: ERT/2014/023

IN THE EMPLOYMENT RIGHTS TRIBUNAL

Before:

Emerson Graham, Q.C. Chairman

John Williams Member

Frederick Forde Member

Case: ERT/2014/023

Deborah Clinton
Claimant
and
Felix Broome Inc, T/A Barbados Beach Club
Respondent
APPEARANCES:

Deborah Clinton, Claimant in Person

Felix Broome, Respondent in Person

BACKGROUND
1

On 16 th February 2012 the Claimant commenced employment as a room attendant at the Respondent's Beach Club at a wage of $214.24 per week. She apparently worked well and was never the subject of any disciplinary action. On the 13 th September 2013 her daughter accompanied by a male friend visited the Beach Club and at the time of the visit the Claimant was on duty. The male friend parked his vehicle in an area designated for the Respondent Felix Broome and went towards the main building. Whilst he was away the Respondent arrived and an argument ensued between him and the Claimant's daughter who at the time was still in the vehicle. The argument later developed to include the male friend and the security personnel.

2

On hearing the noise the Claimant left her post in the Beach Club journeyed to the lobby and observed what transpired but she did not get involved other than advising her daughter to move the vehicle. Eventually she went back to her post and continued to perform her duties.

3

During the week that followed the Claimant was off work and when she returned she was summoned to appear before the Executive Housekeeper who gave evidence that in discussing the matter the Claimant said that if Mr Felix Broome had touched her daughter it would not have ended as it did. The Executive Housekeeper gave further evidence that based on that statement the Claimant was dismissed, but no reason was given for the dismissal on the termination of services certificate. The Beach Club is a large establishment and at all material time the responsibility for human resources was undertaken by the wife of the Respondent who had no formal training in the area.

RELEVANT LAW
  • 1. Section 27 of the Employment Rights Act (the Act) provides that an employee has the right not to be unfairly dismissed by his employer.

  • 2. Section 29 (1) of the said Act further provides that in determining whether the dismissal is fair or unfair, it is for the employer to show the reason for the dismissal and Section 29 (2) (b) states that an employer shall have the right to dismiss an employee for a reason if it relates to the conduct of the employee.

  • 3. However, Section 29 (5) (b) stipulates...

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