Theresa Foster v Sinclair Gittens T/A Blettens Restaurant

• Jurisdiction: Barbados
• Judge: Christopher Blackman,Dr. Hartley Richards,Frederick Forde
• Judgment Date: 10 February 2020
• Court: Employment Rights Tribunal (Barbados)
• Docket Number: Case: ERT/2014/060

EMPLOYMENT RIGHTS TRIBUNAL

Before:

Christopher Blackman Esq, GCM; Q.C Chairman

Dr. Hartley Richards Member

Frederick Forde, Esq. Member

Case: ERT/2014/060

Theresa Foster

Claimant

and

Sinclair Gittens T/A Blettens Restaurant

Respondent

APPEARANCES:

Theresa Foster, Claimant in Person

Sinclair Gittens, Respondent in Person

DECISION

1 Section 27 of the Employment Rights Act (the Act) provides that an employee has the right not to be unfairly dismissed by his employer. Section 29 (1) of the Act further provides that in determining whether the dismissal is fair or unfair, it is for the employer to show the reason ….for the dismissal. Section 29 (2) states that an employer shall have the right to dismiss an employee for a reason….if it (b) relates to the conduct of the employee.

2 However, Section 29 (5) (b) stipulates that an employer is not entitled to dismiss an employee for any reason related to the conduct of the employee without informing the employee of the accusation against him and (emphasis added) giving him an opportunity to state his case subject to the disciplinary procedures specified in the Fourth Schedule of the Act.

3 It is against the foregoing statutory background that the Tribunal has considered the issues in the claim for unfair dismissal by the claimant Theresa Foster against Sinclair Gittens trading as Blettens Restaurant.

4 The claimant was employed as a Food and Beverage Server on November 1, 2009 with the respondent until her dismissal on December 23, 2013, consequent to a dispute as to what change was due to a guest of the restaurant, for the purchase of a beer, on the preceding Friday night, December 20, 2013.

5 Mr. Gittens both in his written statement and evidence before the tribunal said that he considered the explanations received from Miss Foster conflicting and as a consequence decided to dismiss her. Mr. Foster confirmed that in the four years the claimant had worked with him, he had had no reason to question the claimant's honesty. Mr. Gittens also acknowledged that some while after Miss Foster's departure, a $100.00 bill the disputed currency, was found on a cash register.

6 Miss Foster in her evidence before the tribunal said that when she tried to explain what appeared to be inconsistencies in her statement to Mr. Gittens, she was told that he did not want to hear her and to leave. She further noted that the $100.00 bill which was found after her departure, supported her position that she had not been involved in inappropriate behaviour.

7 As noted in paragraph 2 above, before there is a...