Natalie Hurley v Gatsby Incorporated

• Jurisdiction: Barbados
• Judge: Christopher Blackman,Edward Bushell,Beverley Beckles
• Judgment Date: 07 July 2020
• Docket Number: Case: ERT/2014/070
• Court: Employment Rights Tribunal (Barbados)

IN THE EMPLOYMENT RIGHTS TRIBUNAL

Before:

Christopher Blackman Esq, GCM; Q.C. Chairman

Edward Bushell, Esq. Member

Beverley Beckles Member

Case: ERT/2014/070

Natalie Hurley

Claimant

and

Gatsby Incorporated

Respondent

APPEARANCES:

Ms. Desiree Browne, Attorney-at-Law for the Claimant

Ms. Cicely Chase Q.C with Ms. Sade Williams and Mr. Shaquille Newton, Attorneys-at-Law on September 10, 2019 for the Respondent;

Mr. Stewart Mottley and Ms. Kimberley Moe, Attorneys-at-Law for the Respondent on July 7, 2020.

RULING

1 The Claimant was employed as a Sales Assistant by the Respondent in December 2003 and terminated from that position in April 2014. The Respondent contended that the dismissal was for purposes of business re-organisation, and so was fair.

2 The Claimant, however, pointed out that the Termination Certificate filed with the National Insurance Office stated that she had been dismissed for misconduct for “ refusal to adhere to company's amended Commission structure in light of company's economic downturn.” As a consequence, the Claimant's right to claim from the NIS for unemployment benefits was negatively impacted before the issue was resolved.

3 On written submissions by Counsel for the Claimant to which Counsel for the Respondent replied also in writing, the Tribunal on September 10, 2019 upheld the contention that the Claimant's dismissal was unfair, in that there had been a failure to observe the requirements of the Fourth Schedule, in that notwithstanding the allegation of misconduct, there...