Merlene Corbin v Rival Enterprises Ltd

• Jurisdiction: Barbados
• Judge: Mr R. Omari Drakes,Mr Frederick Forde,Dr. Hartley Richards
• Judgment Date: 23 July 2020
• Court: Employment Rights Tribunal (Barbados)
• Docket Number: Case: ERT/2014/018

EMPLOYMENT RIGHTS TRIBUNAL

CONSTITUTION OF TRIBUNAL

CHAIRMAN:

Mr R. Omari Drakes

MEMBER:

Mr Frederick Forde

MEMBER:

Dr. Hartley Richards

Case: ERT/2014/018

Merlene Corbin

Applicant

and

Rival Enterprises Ltd

Respondent

APPLICANT'S REPRESENTATIVE(S):

Merlene Corbin

Erin Corbin-Boyce, Attorney-at-Law

RESPONDENT'S REPRESENTATIVE(S):

WITNESS(ES):

Merlene Corbin

OTHERS:

APPLICANT:

RESPONDENT:

Present

Present

1 FINDING OF TRIBUNAL ON QUESTION(S) OF FACT MATERIAL TO DECISION

2 The Tribunal finds that:

• (i) The Applicant was unfairly dismissed by the Respondent.

SUMMARY OF DECISION

3 The Tribunal unanimously finds that the Respondent employed the Applicant for nineteen (19) years. The Applicant's employment began on October 24, 1994 and the Respondent dismissed her on January 10, 2014. The Applicant therefore qualifies not to be unfairly dismissed pursuant to Section 27 of the Employment Rights Act. The Respondent has failed to enter a defence to the Applicant's claim and consequently has been unable to discharge the burden placed on it by Section 29 (1) of the Employment Rights Act. In light of these findings the Applicant's claim of unfair dismissal is upheld.

4 Having been unfairly dismissed, the Applicant is awarded the sum of $17,642.59.

5 REASON FOR DISSENT (IF ANY)

6 N/A

Signature of Chairman:

R. Omari Drakes

Date: July 29, 2020