Harris v Carvalho
| Jurisdiction | Jamaica |
| Judge | Jones, C.,Graham, M.,Nelson, M. |
| Judgment Date | 13 January 2016 |
| Court | Industrial Dispute Tribunal (Jamaica) |
| Docket Number | IDT 25/2014 |
| Date | 13 January 2016 |
Industrial Court Tribunal
Jones, C.; Graham, M.; Nelson, M.
IDT 25/2014
Employment Law - Employee's dismissal— Whether employee's dismissal violated Labour Relation Code— Failure of employer to exercise due process— Whether the employee should be reinstated— Compensation for dismissal.
By letter dated July 13, 2014, the Honourable Minister of Labour and Social Security in accordance with Section 11A (1)(a)(i) of the Labour Relations and Industrial Disputes Act (hereinafter called “the Act”), referred to the Industrial Disputes Tribunal for settlement, in accordance with the following Terms of Reference, the industrial dispute described therein:–
The Terms of Reference were as follows:
“To determine and settle the dispute between Ms. Annette Carvalho on the one hand and Dr. E. V. Patrick Harris on the other hand over the termination of her employment.”
The Division of the Tribunal which was selected in accordance with Section 8(2)(c) of the Act and which dealt with the matter comprised:
Mr. Charles Jones, CD, JP - Chairman
Mr. Trevor Graham, JP - Member, Section 8(2)(c)(ii)
Mr. Edward Dixon, CD, JP - Member, Section 8(2)(c)(iii)
• Mr. Dixon regrettable died on February 8, 2015 and in accordance with the provisions of Section 8(4) of the Labour Relations and Industrial Disputes Act, Mr. Dwight Nelson, CD, JP was appointed to replace him.
The Employer was represented by:
Mr. Lorenzo J. Eccleston - Attorney-at-Law
In attendance was Dr. E. V. Patrick Harris - Employer
The Aggrieved was represented by:
Mr. Howard Duncan - Industrial Relations Consultant
In attendance was Miss Annette Carvalho - Aggrieved worker
Briefs were submitted by both parties who made oral submissions during six (6) sittings held between November 3, 2014 and December 18, 2015.
Miss Annette Carvalho was employed as a Nurse/Receptionist to Dr. E. V. Patrick Harris in June 1987. Miss Carvalho received a letter dated January 3, 2013 terminating her employment due to insubordination and unpunctuality. She reported the matter to the Ministry of Labour and Social Security and two conciliatory meetings were held, but the parties failed to arrive at a settlement. Consequently the Honourable Minister of Labour and Social Security referred the matter to the Industrial Disputes Tribunal for settlement in accordance with the provisions of Section 11(A)(1)(a)(i) of the Labour Relations and Industrial Disputes Act.
Mr. Lorenzo J. Eccleston, Attorney-at-Law representing Dr. Harris stated that Miss Carvalho was employed as a Practical Nurse/Receptionist from Mondays to Saturdays during the hours 8:00 a.m. to 2:30 p.m., and among her duties were: communicating with patients, collecting fees and preparing payment vouchers.
In 2001 Dr. Harris entered the political arena, he was elected and served as a Member of Parliament from 2002 to 2011. During this period he relied heavily on Miss Carvalho in the running of the office.
On or about January 2012, Miss Carvalho unilaterally made a decision that she would no longer be working on Tuesdays, thereby changing the terms of her contract.
Mr. Eccleston called Dr. Harris as a witness.
Dr. Harris in his testimony stated that for over twenty five (25) years the relationship with the Aggrieved was very good and her working conditions were never an issue. During the years as a Member of Parliament he was in his medical practice on Friday and Saturday mornings, and during this time the relationship with Miss Carvalho continued to be good.
In 2011 Dr. Harris returned to his full time medical practice but his patient level at that time was low so he became engaged in rebuilding his practice. He reiterated that Miss Carvalho's hours of duty were Mondays to Saturdays from 8:00 a.m. to 2:30 p.m.
He stated that in January 2012...
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