The Employment Rights Tribunal (ERT) on Tuesday warned employers that failing to follow statutory dismissal procedures can undermine their cases before the tribunal.
ERT chairman Vere P. Brathwaite ordered Markham Construction Limited on Tuesday to pay former employee Alanna Hazell $6 576 in compensation for unfair dismissal after the company breached the relevant procedures.
“The tribunal cannot state strongly enough that failure to follow the procedures set out in Parts A and B of the Fourth Schedule is fatal to an employer’s case, notwithstanding any inaptitude or lack of appropriate conduct, real or alleged, on the part of an employee,” Brathwaite declared during an impassioned speech to the parties.
“Employers fail to observe the strict procedures of the Employers Rights Act at their peril.”
She also put employers on notice that they must comply with orders from the employment rights body to provide information relevant to matters before it.
“As regards the particulars which an employer is mandated to provide to an employee pursuant to Sections 12 through 16 of the Employment Rights Act, the employer’s failure to do so not only constitutes a breach of the law, but reflects poor governance protocols and a lack of good management practices,” Brathwaite said as she reflected on the construction company’s failure to supply certain documents as ordered.
She insisted it is not “simply” an administrative oversight, but a material governance failure.
“The use of the word ‘shall’ in the Employment Rights Act, signals a mandatory requirement. The inability to maintain those documents and other salient particulars, prevents the employer from producing those particulars when required by law to do so.
“The instant case exemplifies the situation which can arise when the employer’s duty under the Act is neglected or ignored.” (EJ)
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