Proceedings in the unfair dismissal case brought by former Barbados Water Authority manager, Patricia Inniss, were briefly delayed on Thursday after the authority failed to file a key witness statement on time.
No evidence was taken by the Employment Rights Tribunal owing to the late filing of the witness statement by the chief executive officer, Christopher Mapp.
The BWA has been sued by the former Manager of the Waste Water Unit who claimed she was unfairly dismissed on January 7, 2019 during a retrenchment exercise under then general manager, Keithroy Halliday.
After attorney for the BWA, Gregory Nicholls, told the three-member panel chaired by Senior Counsel Vera Brathwaite that he had no excuse for the late submission of the witness statement to be presented by Mapp, the chair suspended the sitting briefly to determine whether to admit the statement.
Nicholls, who was assisted by attorney Pierre Cooke, had earlier urged the tribunal to exercise fairness and not make a premature decision excluding the evidence on which the BWA was relying to prove its case, simply because of a procedural breach. He also asked that the panel take into account that the waterworks company had been compliant with all previous orders and procedures issued by the tribunal.
The commissioners ruled that the utility company’s witness statement be tendered into evidence based on an earlier oral submission by Inniss’ attorney, Dr Lenda Blackman, that she had no objections.
But Dr Blackman told the tribunal that, having not seen the witness statement up to that point, she would need to do so and be given time to study it and ensure its contents matched the original one submitted by Halliday. The tribunal had previously agreed that no new evidence should be presented.
Nicholls gave an assurance to the ERT that the only new information contained in the acting CEO’s witness statement was an explanation as to why he was now the person presenting the evidence.
After hearing both sides, the tribunal chair issued a four-part order:
1. That the witness statement of Christopher Mapp is admitted into evidence, the claimant having no objection to its admittance;
2. That the claimant review the statement previously filed by Keithroy Halliday on February 1, 2022, which has been withdrawn, for comparison with the statement filed by Christopher Mapp on November 5, 2025, to determine that no new evidence has been introduced by Mapp;
3. That the claimant is at liberty to file and serve on the respondent her reply to the respondent’s statement filed on November 5, 2025 on or before November 27, 2025; and
4. That the trial be adjourned until January 13, 2026 at 2 p.m., in person.
Before rising, the chair delivered a firm message to all parties, reminding them of the case’s long history since 2019:
“No further documents will be allowed to be filed… no further delays… without justifiable reason and without the leave of the tribunal. So, please don’t drop in a document, and somebody else drop in a document. It’s late in the day, so we need to move on,” the chair urged.
The other members of the tribunal panel are veteran trade unionist Frederick Forde and human resource management consultant and attorney, Dr Hensley Sobers.
Both the claimant, Inniss, and the respondent’s acting CEO, Mapp, were present at the hearing.
(EJ)
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