Super Save Pharmacy v Bellanfante et Al
| Jurisdiction | Jamaica |
| Judge | Hunter, C. |
| Judgment Date | 26 June 2015 |
| Court | Industrial Dispute Tribunal (Jamaica) |
| Docket Number | IDT 4/2015 |
| Date | 26 June 2015 |
Industrial Disputes Tribunal
Hunter, C.; Graham, M.; Lewis, M.
IDT 4/2015
Employment Law - Industrial dispute — Termination of employment — Dismissal — Allegations of improper conduct by workers — Whether workers given fair and proper hearing — Whether dismissals consistent with fair labour practices — Compensation awarded.
By letter dated January 29, 2015, 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 Super Save Pharmacy on the one hand and Misses Dorret Bellanfante and Merletta Griffiths on the other hand over the termination of their 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. Donovan Hunter — Chairman
Mr. Trevor Graham, J.P. — Member, Section 8(2)(c)(ii)
Mr. Clinton Lewis — Member, Section 8(2)(c)(iii)
The Company was represented by:
Mr. Harold Brady — Attorney-at-Law
Miss Rosemarie Fagan — Employer
The dismissed workers, Misses Dorret Bellanfante and Merletta Griffiths were represented by:
Mr. Howard Duncan — Industrial Relations Consultant
In attendance:
Miss Dorret Bellanfante — the Dismissed Worker
Miss Merletta Griffiths — the Dismissed Worker
Briefs were submitted by both parties who made oral submissions during two sittings held on June 18, 2015.
Super Save Pharmacy is located in Santa Cruz in the parish of Saint Elizabeth. Both Dorret Bellanfante and Merletta Griffiths were employed November 2004 and April 2005 respectively. Their work conduct became a matter of concern to their manager Miss Rosemarie Fagan, Proprietor. Having had a series of discussions with them about their performance no improvement was observed.
Regrettably, a decision to remedy a bad situation caused Miss Fagan to terminate their employment by letter dated 14th March 2014. See termination letters below:
“March 14, 2014
Dear Ms. Dorret Bellanfante,
This letter serves to inform you of the termination of your employment period here at Super Save Pharmacy.
Your mannerism, tardiness and overall attitude in your approach to the job have become unacceptable.
Of late, there have too many unresolved issues in terms of work ethics here, the matter of inconsistencies in stock balances as shown by the computer and actual balances that are seen or not seen on the shelves, the matter of the computer constantly showing funds in excess of what is on the actual run off at the end of the day and even the matter of the machine being short at the end of the work day.
These issues have been ignored for too long a period and its full time that steps are taken to have them resolved. Hence a decision was taken to terminate your employment here.
Kindly, find enclosed your two weeks' notice pay.
All the best in your endeavours. Thank you for your years of service here.
Yours truly,
Rosemarie Fagon Proprietor”
“March 14, 2014
Dear Ms. Griffiths,
This letter serves to inform you of the termination of your employment period here at Super Save Pharmacy.
Your mannerism, tardiness and overall attitude in your approach to the job have become unacceptable.
There have too many un-resolved issues in terms of work ethics here, the matter of inconsistencies in stock balances as shown by the computer and actual balances that are seen or not seen on the shelves, the matter of the computer constantly showing funds in excess of...
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