Joong Supermarket & Wholesale v Doyley

• Jurisdiction: Jamaica
• Judge: Jones, CD JP, C.
• Judgment Date: 15 May 2015
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: Dispute IDT 44/2014
• Date: 15 May 2015

Industrial Disputes Tribunal

Jones, C.; Hall, M.; Lewis, M.

Dispute IDT 44/2014

Joong Supermarket & Wholesale

and

Doyley

Employment Law - Industrial dispute — Termination of employment — Dismissal — Allegations that worker contravened company's policies — Whether company failed to adhere to due process — Whether company failed to follow Labour Relations Code — Dismissal found to be unjustifiable — Compensation awarded.

Jones, CD JP, C.

REFERENCE:

1 By letter dated July 1, 2014 the Honourable Minister of Labour and Social Security pursuant to 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:–

2 The Terms of Reference were as follows:

“To determine and settle the dispute between the Mr. Patrick Doyley on the one hand and Joong Supermarket and Wholesale on the other hand over the termination of his contract of employment.”

DIVISION:

3 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. Leslie Hall — Member, Section 8(2)(c)(ii)

Mr. Clinton Lewis — Member, Section 8(2)(c)(iii)

REPRESENTATIVES OF PARTIES:

4 The Company was represented by:

Mr. Oanh Ho — Chief Executive Officer

5 In attendance was:

Ms. Andrene Gordon — Assistant Manager

The Aggrieved Worker, Mr. Patrick Doyley, was represented by himself.

SUBMISSIONS AND SITTINGS:

6 Briefs were submitted by the parties and oral submissions made during one (1) Sitting, on April 22, 2015.

BACKGROUND TO THE DISPUTE:

7 Joong Supermarket and Wholesale (the Company) is situated at 68 Newland Road in Portmore, St Catherine.

8 Mr. Patrick Doyley was employed to Joong Supermarket and Wholesale as a Security Guard. He was dismissed with effect from September 5, 2014 by letter dated the same day, for being absent from his post. The matter was reported to the Ministry of Labour and Social Security but the conciliatory efforts at the Ministry failed to achieve a settlement. Consequently, the Honourable Minister of Labour and Social Security referred the matter to the Industrial Disputes Tribunal for settlement in accordance with Section 11A(1)(a)(i) of the Labour Relations and Industrial Disputes Act 1975.

HEARING:

9 Mr. Oahn Ho, Chief Executive Officer of the Supermarket, advised the Tribunal that he would be representing the Company. Mr. Patrick Doyley similarly advised that he had no representative and wished to present his case personally.

10 The procedure of the Tribunal in the hearing of a dispute which involved dismissal was carefully explained to both parties and both agreed that the hearing proceed.

COMPANY'S CASE:

11 Mr. Ho stated that Mr. Doyley's duties included monitoring incoming and outgoing traffic at the gate to the premises. He said that Mr. Doyley had a habit of leaving his post without permission and not adhering to instructions. On September 4, 2014 he left his post unattended. A customer's motor vehicle was broken-into on the premises and a lap top computer stolen. Mr. Ho stated that Mr. Doyley had not informed his Supervisor or the Security Guard on patrol, that he was leaving his post to wash his face. Mr. Ho contended that on that same date a meeting was held between himself, Ms. Melinda Simpson, the Security Manager, and Mr. Doyley who did not dispute the claim, that his absence from his post allowed criminal elements easy access to the premises.

12 Mr. Ho further stated that a follow-up meeting was held with Mr. Doyley on September 5, 2014 and that he (Mr. Doyley) was given the opportunity to defend himself. When questioned about...