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Former Sandy Lane Employee wins Unfair Dismissal Claim

During the month of November, 2022, the Employment Rights Tribunal (ERT) issued a second ruling against luxury resort Sandy Lane Hotel for unfair dismissal. The tribunal ordered Sandy Lane to pay former laundry supervisor Alfred Branch, who had worked at the hotel for 11 years, a sum of just over $54,000 by December 15, 2022.

Branch's lawyer, Rhea Cheltenham, and Sandy Lane's attorney, Michael Koeiman, had previously agreed to a basic amount of approximately $50,000. However, the ERT's three-member panel, chaired by retired Court of Appeal Justice Christopher Blackman, rejected Sandy Lane's claim that Branch's letter written in January 2014, seeking a meeting with the chairman to discuss concerns, contained threatening language.

Justice Blackman stated, "On consideration of all the material presented, the tribunal holds that the letter...was not intended as a threat to the good name of the respondent and that the consequential dismissal was unfair."

The tribunal ordered Sandy Lane Hotel Company Limited to pay Branch the total sum of $54,734.34, which includes a basic award, benefits entitlement, and wages in lieu of notice. The ERT has the authority to consider reinstatement or re-engagement in cases of unfair dismissal, but Branch expressed that he was not seeking either option.

The tribunal also dismissed a separate submission by Branch's lawyer requesting an additional amount based on service points and meal allowance. The ERT deemed this request as "double dipping" since the value of the benefits received had already been accounted for in the joint submission.

Both Branch and Sandy Lane were responsible for their own legal costs. In a previous ruling in March, the Caribbean Court of Justice found Sandy Lane Hotel guilty of wrongfully dismissing three other employees in 2012. The luxury hotel was ordered to pay damages and cover the former workers' legal costs. The exact amount of damages in that case is still under discussion between the parties involved.



 

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