Not following guidelines ‘can be fatal for employer’

Employers have been warned about failing to give workers a chance to defend themselves and poor record-keeping.

In the Alana Hazell versus Markham Construction Limited decision yesterday, the three-person Employment Rights Tribunal (ERT) ruled she was unfairly dismissed in relation to the performance of her duties but not because she was pregnant, which could not be substantiated.

Chair, attorney Vere Brathwaite, delivered the ruling while giving civil engineer Hazell, who had been employed at the company from January 2015 to November 2017, the basic award of $6 576 – a significant drop from the near $60 000 she was seeking.The panel, which also comprised Dennis de Peiza and Deighton Marshall, had heard from Hazell about being given a termination letter the day before she was axed and heard from Fabian Gooding that the company paid $7 213.47 “severance”, recognising the ERA procedures were not followed and no employee personal file was produced to show what steps, if any, were taken in relation to discipline.