Nicole Layne v G4S Secure Solutions (Barbados) Ltd

• Jurisdiction: Barbados
• Judge: Kathy-A. Hamblin,Frederick Forde, SCM,Edward Bushell
• Judgment Date: 13 December 2017
• Court: Employment Rights Tribunal (Barbados)
• Docket Number: NO. ERT 092/2014

IN THE EMPLOYMENT RIGHTS TRIBUNAL

Before:

Kathy-A. Hamblin, Deputy Chairman

Frederick Forde, SCM, Employees' Representative

Edward Bushell, Employers' Representative

NO. ERT 092/2014

Between:

Nicole Layne

Claimant

and

G4S Secure Solutions (Barbados) Limited

Respondent

APPEARANCES:

Mrs Leslie Trotman-Edwards Attorney-at-Law and Sir Roy Trotman, of the Barbados Workers' Union for the Claimant who was present.

Mr. Michael Koeiman of Clarke Gittens Farmer, Attorneys-at-Law for the Respondent who was present.

DECISION

The unanimous decision of the Tribunal is that:

1 The Claimant failed to give written notice to the Respondent of her intention to appeal the Respondent's decision to dismiss her in accordance with Section 3(1) of Part B of the Fourth Schedule of the Employment Rights Act, 2012–09 (as amended) and accordingly, her claim that she did not have the benefit of due process by the Respondent is dismissed.

2 The Claimant also fails on the second ground on which she claims, namely, that there was no case regarding any action demanding dismissal.

3 The matter is accordingly dismissed.

4 Reasons for the decision will be supplied at a later date at the request of either party provided that request is received within 14 days of today's date.

In this matter, Nicole Layne, sometimes referred to as an aviation officer or a security officer, complains that she was unfairly dismissed by the Respondent, G4S Secure Solutions (Barbados) Limited on September 12, 2013.

The incident giving rise to her dismissal occurred on June 13, 2013. The Claimant admits that on that date she was overheard on a walkie talkie using (if we accept her evidence) a single expletive while in conversation with her colleague, Erskin Browne. A complaint was made by JetBlue to G4S that the claimant unleashed a tirade, ‘interspersed with numerous swear words’ against JetBlue agents, which was heard over the walkie talkie by JetBlue officials, after she was informed by a JetBlue employee that her bag count was inaccurate. JetBlue officials noted that she did not apologise for the incident and requested that she ‘not be allowed to work with JetBlue in any capacity’.

She brings this claim, filed with the tribunal on November 21, 2014 on two grounds, first that the employer deliberately delayed processing her appeal against the decision to terminate her, because her request was made through her union, as a consequence of which she...