ERT rules that Senior Bank Employee Fairly Dismissed

 In January 2021, In a recent ruling by the Employment Rights Tribunal (ERT), Sonya Toppin, a former senior employee of a local commercial bank, lost her claim for unfair dismissal against Republic Bank (Barbados) Limited. The chairman of the ERT, retired High Court Justice Christopher Blackman, based the decision on Toppin's admission that she was attempting to travel to the United States with around US$20,000 in foreign currency without legal permission, an act considered gross misconduct.

According to Justice Blackman, the tribunal found the bank justified in terminating Toppin's employment due to her admitted breach of the permitted foreign currency limit and failure to declare the excess amount or seek approval from Exchange Control. As a financial institution, the undisclosed source of the foreign currency raised concerns. The chairman referred to a previous unfair dismissal case involving Chefette Restaurants Limited, stating that a single failure by an employee can constitute gross misconduct.

Justice Blackman defined gross misconduct as conduct that is outrageously shocking, deliberately violates the employer's rules, demonstrates repeated disregard for the employee's obligations, or fails to meet the expected standards of behavior. He cited Toppin's intentional behavior in obtaining two loan bonds from the Barbados Public Workers' Cooperative Credit Union to convert Barbadian currency into US dollars as an example of such conduct.

Despite acknowledging Toppin's previously unblemished record with the bank, the tribunal emphasized that the incident directly impacted the bank's core business. Toppin, who started working for the institution in 2005, was dismissed three months after Customs officials seized the money from her at Grantley Adams International Airport in January 2017.

The bank requested an explanation from Toppin following rumors circulating on social media about the incident. She was subsequently suspended with pay and benefits pending an investigation. Toppin claimed unfair dismissal, alleging a breach of natural justice, failure to disclose relevant documentation, and lack of conviction under the Exchange Control or Anti-Money Laundering laws.

Toppin's attorney argued that her absence from work at the time of the incident and her engagement in personal matters should prevent her dismissal. However, Justice Blackman dismissed these arguments, stating that the absence of convictions did not preclude the bank from taking disciplinary action, and the claimant's attorney's absence from the proceedings did not constitute a procedural irregularity.

The ERT head emphasized that employers should establish their own rules of procedure for disciplinary meetings and that attorneys or representatives should not obstruct the hearing process. Failure to comply with these rules or statutory obligations may have consequences for employers, but it is not the role of an attorney or representative to frustrate a hearing.

The ERT panel consisted of Commissioners Edward Bushell and Frederick Forde, along with attorneys Jamila Smith, Larry Smith, Kevin Boyce, and Michael Koeiman representing the respective parties.