Peter Earle's WorkPlace Conflicts Blog

  Overview: In a recent legal development on January 12, 2024, the New York Supreme Court, in Santiago et al v. The City of New York, addressed allegations brought forth by female plaintiffs, former and current Department of Corrections employees. The court denied the defendants' motion to dismiss certain claims of sex-based hostile work environment under the New York State and City Human Rights Laws. Background: The plaintiffs contend that they endured sexual harassment by inmates while working for the Department of Corrections. Male plaintiffs' claims had been dismissed earlier, but the court took a different stance when considering the claims made by female plaintiffs. Key Points from the Decision: The crux of the female plaintiffs' hostile work environment claim revolves around regular sexual harassment by inmates, with an assertion that the Department of Correction was aware of the situation but failed to address it. The court acknowledged that there was no direct prec...

Overview: In a landmark decision, a High Court Judge in Nevis has ordered an employer to compensate an employee, Shawn Kissoon, with nearly EC$17,000 for wrongful dismissal. The ruling, delivered on January 13, 2022, sets a significant precedent for workplace justice and protection of employees' rights. Background: In September 2010, Shawn Kissoon commenced his employment with Select Enterprises. However, in a sudden turn of events on April 7, 2019, he was suspended indefinitely pending an investigation. Shockingly, the outcome of the investigation was never communicated to Kissoon, and he was not formally charged. Instead, on April 17, 2019, he received a dismissal letter citing gross misconduct from Select Services' attorney. Notably, the letter failed to specify the nature of the alleged misconduct. Court Proceedings: The case reached its culmination on October 4, 2021, when the trial took place before Justice Moise. During the trial, the dismissal letter, which lacked detai...

  Favianna Gajadhar, a resilient prison officer from Arima, has been granted leave by Justice Frank Seepersad to pursue her latest legal claim against the Commissioner of Prisons and the Attorney General. This follows a 15-year legal battle with the Public Service Commission (PSC), where she successfully obtained over $3.5 million due to a wrongful job abandonment declaration during a prolonged absence attributed to injury and pregnancy. Gajadhar's journey within the T&T Prison Service commenced in 2000. Suffering from a debilitating back injury, she faced a challenging period of extended absence between 2004 and 2006. Despite the hardship, she courageously aimed to return to duty three months after the birth of her daughter in June 2006. However, her attempts were thwarted by her supervisor, who, despite Gajadhar's submission of sick leave and maternity certificates, declared her resignation effective June 2007, citing absence without leave from April 2006. Undeterred, Gaj...

  Date: April 2, 2023 In a groundbreaking judgment delivered on March 20, 2023, the Honourable Madam Justice Carol Gobin of the High Court of Justice in Port-of-Spain, Trinidad and Tobago, issued a ruling that has far-reaching implications for the rights of public officers and the application of disciplinary regulations. The case, Claim No. CV2021-02017, involved an application for judicial review by Caramchand Sammy against the Public Service Commission and the Attorney General of Trinidad and Tobago. Background: Caramchand Sammy, a prison officer stationed at the Maximum Security Prison, faced disciplinary charges for alleged "Discreditable Conduct" and bringing a prohibited cell phone onto the prison compound. The Public Service Commission (PSC) imposed penalties, including interdiction and withholding one quarter of Sammy's salary. Legal Proceedings: Sammy pleaded guilty to the charges in 2019, but on appeal to the Public Service Appeal Board (PSAB) in 2020, the decis...

  Introduction: In the rapidly evolving landscape of business management, the amalgamation of globalization and automation, represented by the rise of robots, is ushering in a new era that demands strategic adaptation and forward-thinking leadership. Globalization: The Interconnected Business World Globalization has transformed the business realm into an interconnected web of opportunities and challenges. In this era, businesses are not confined by geographical boundaries; instead, they operate in a global marketplace where cultural nuances, diverse markets, and varying regulatory landscapes play pivotal roles. Successful business management in a globalized world requires a nuanced understanding of cross-cultural communication, adaptability to diverse consumer preferences, and the ability to navigate international regulations. Leaders must foster a global mindset within their teams, encouraging collaboration and embracing diversity to thrive in this interconnected ecosystem. Robots...

  Introduction: Stories of violence and tragedy in the context of workplace dynamics sometimes surface, exposing the less positive aspects of employer-employee relations. This collection examines eerie events from across the world in which bosses including supervisors took on criminal roles and committed horrifying crimes that devastated lives and caused lasting damage. From deliberate schemes to deadly killings, each episode reveals a different story of workplace crime. 1. Desperate Self-Defense: The Electrician's Lethal Encounter Ivan Mills, a Virgin Islands electrician, found himself in a life-or-death confrontation with his employee, Brendan Maloney. The dispute over substandard work quickly escalated, culminating in a chilling chase with a machete. In an act of self-defense, Mills retrieved his legally-registered firearm, ending the confrontation with a fatal shot to Maloney's chest. The subsequent investigation raised questions about potential charges against Mills. 2. A ...

  Introduction: In a recent ruling earlier this month (January 2024), the Court of Appeal in the Cayman Islands has illuminated a legal loophole that leaves employees of charitable organizations without the protections afforded by the Labour Act. The case involves Shelliann Bush, an employee of The Pines Retirement Home in Cayman, who faced dismissal over her refusal to take the COVID-19 vaccine, citing religious beliefs. This case highlights the absence of provisions for charity employees under the Cayman Islands' Labour Act, particularly Section 3, which explicitly excludes charitable organizations, churches, and the public service, raising concerns about the need for legislative clarity and employee safeguards. This ruling in the Cayman Islands stands in stark contrast to yesterday's Employment Rights Tribunal decision in Barbados , affirming the validity of the Claimant's discrimination complaint. The employee bravely contested her employer's COVID-19 vaccine mandat...