Silver Sands Resorts Ltd v Ryan

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Douglas, C.J.
• Judgment Date: 04 January 1980
• Neutral Citation: BB 1980 HC 2
• Docket Number: No. 785 of 1977
• Date: 04 January 1980

Supreme Court - High Court - Civil Jurisdiction

Douglas, C.J.

No. 785 of 1977

Silver Sands Resorts Ltd.

and

Ryan

Mr. Peter Williams for appellant.

Mr. C.E. Lashley for respondent.

Industrial law - Severance — Interpretation of section 8(2) of the second schedule to the interpretation of the Severance Payments Act, Cap. 355A.

Facts: The facts were that L was employed by the respondent, who operated the appellant hotel — On march 24, 1976, the appellant repossessed the hotel for non-payment of rent under a lease — L continued to work for the appellant until April 28, 1976 when he was told by the General Manager that there was no work for him — The appellant appealed against the order of the Severance Payments Tribunal that the appellant was liable to make severance payments to L — Whether the business was transferred as a going concern — Regard was had to all the circumstances in deciding whether the transaction amounted to the transfer of a business

Held: L continued to work in the same capacity as barman with the appellant as he had done with the respondent — Appeal dismissed.

Douglas, C.J.

1 This is an appeal against an order of the Severance Payments Appeal Tribunal dated the 28th of September 1977 in which the appellant was held liable to make severance payment to one David Lewis in the sum of $741.48.

2 Mr. Lewis claimed severance payment against both parties to this appeal on the ground of redundancy. The appellant resisted his application on the following grounds –

“On March 24th 1976 Silver Sands Apartment Hotel was repossessed by Silver Sands Limited due to non-payment of monthly rental. At the time of repossession it appeared that one of several Canadian Tour Companies were ready to negotiate a lease arrangement with Silver Sands Ltd. It became apparent after several weeks of negotiating that a lease arrangement with a Canadian Tour Company had not been agreed upon and some of the employees were then laid off by Silver Sands Ltd.

……. It is our contention since a four week pay period had past (sic) since the date of repossession and of Mr. Lewis' discharge that we would have no responsibility for severance payment as he was not in our employ on that date and we did not sever or discharge him, or any other employee at Silver Sands Hotel.”

3 The facts upon which the Tribunal's decision is based are these: — On the 8th of August 1972, Mr. Lewis was employed by the respondent, who...