Stephen Belgrave v Servier Caribbean Ltd

• Jurisdiction: Barbados
• Judge: Emerson Graham,Dr Hartley Richards,Mr Ulric Sealy
• Judgment Date: 20 August 2020
• Court: Employment Rights Tribunal (Barbados)
• Docket Number: Case: ERT/2014/015

EMPLOYMENT RIGHTS TRIBUNAL

Before:

Emerson Graham, Q.C. Chairman

Dr Hartley Richards Member

Mr Ulric Sealy Member

Case: ERT/2014/015

Stephen Belgrave

Claimant

and

Servier Caribbean Limited

Respondent

APPEARANCES:

Mr. Hilary Nelson, Attorney-at-Law with

Mr. Deighton Marshall, (Employment Law/Practice Specialist) for the Claimant

Ms. Hazelyn E. Devonish, Attorney-at-Law for the Defendant

BACKGROUND

1 The Claimant, an Accounts Clerk was an employee of the Defendant Company. He worked with that company for approximately eleven years. On the 17 ^th June 2013 the Claimant received a letter from the Defendant Company informing him that his services were terminated with immediate effect.

2 Reasons for the termination were given and among them was that he absented himself from duty on the 10 ^th and the 11 ^th of June 2013 and at no time did he call his immediate manager or the general manager to inform them of his absence.

CASE MANAGEMENT

3 The matter came up for case management on the 27 ^th August 2019 and on that occasion the Attorney-at-Law for the Defendant Company pointed out that the Defendant Company no longer did business in Barbados and as far as she knew had no officer in Barbados who could put its case. She further pointed out that she had been the Attorney-at-Law for the company in the past and still had a lingering relationship with the company. In answer to questions from the Chairman regarding the purpose for the hearing in the absence of a representative of the company she said that she would try her best to defend the company.

HEARING

4 The matter was heard on the 21 ^st November 2019, 6 ^th January 2020 and 20th August 2020. The Claimant gave extensive evidence on oath based on his witness statement and was vigorously cross-examined at length by Ms Devonish, Attorney-at-Law. His evidence was not shaken.

DECISION

5 The Tribunal decided the case in favour of the Claimant.

DISPOSAL

6 The Remedies available to the Claimant according to Sections 33 of the Employment Rights Act, 2012 – 9 include the following:

• (a) Reinstatement

• (b) Reengagement

• (c) Compensation

7 As stated earlier the Defendant Company no longer does business in Barbados, therefore neither reinstatement nor reengagement is appropriate in the circumstances.

COMPENSATION

8 The Claimant worked 11 years with the Defendant Company. He is therefore entitled for three weeks wages for each year. His salary was given...