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Reinstatement or Compensation for BLPC Former Employee Jepter Leroy

After seven years of legal proceedings, the Employment Rights Tribunal (ERT) has ruled that Jepter Lorde was unfairly dismissed by the Barbados Light and Power Company (BLPC). However, the decision on whether Lorde will be reinstated or compensated has been delayed, with a possible decision expected by next Tuesday.

ERT chairman Kathy Hamblin has given BLPC's lawyer, Rene Butcher, until Friday to provide a decision on whether reinstatement or compensation will be offered to Lorde. Hamblin has expressed her willingness to provide a final ruling by September 8, pending the submission of essential information, including the recalculated compensation.

Hamblin emphasized the need for proper documentation and urged both attorneys to review their submissions, as they had used incorrect formulae for calculating figures. She set a deadline of September 1, 2023, for the submission of relevant documents, promising a response from the panel within seven days.

Hamblin also expressed frustration over the protracted nature of the case, stating that it had consumed an excessive amount of time and resources, delaying other litigants' hearings.

Jepter Lorde, a former BLPC plant attendant of 19 years, claimed he was unfairly targeted and dismissed on trumped-up charges. He had been sanctioned on three previous occasions, with no disciplinary meetings held for the first two incidents, denying him the opportunity to respond to the allegations.

The final incident leading to his dismissal involved a dispute with a security guard in a Sagicor car park while he was wearing his company uniform. Following an investigation, disciplinary hearings, and subsequent termination, Lorde brought the matter before the ERT.

The ERT found that while the company had satisfied the reason for dismissal under the Employment Rights Act, the dismissal itself was unfair. BLPC's reliance on three warning letters and the parking lot incident was deemed unreasonable. Additionally, the final dismissal letter was issued in bad faith, and Lorde had not been informed of his right to appeal the first two warning letters.

The ERT also highlighted inconsistencies in witness statements and video footage, noting a lack of corroboration between the accounts of Sagicor witnesses. As a result, the ERT concluded that BLPC had not met its burden of proof, leading to an unfair dismissal ruling.

Lorde has requested reinstatement or re-engagement under the Employment Rights Act, while BLPC has indicated a preference against these options, leading to the ongoing deliberations.


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