Summary
The aggrieved, a Call Centre Supervisor, she was called to a meeting regarding her refusal to handle escalated calls. Following this meeting, her husband visited the company and allegedly issued threats to the aggrieved’s manager. The aggrieved also reported her manager to the police for sexual assault. She was terminated the following day.
The company argued that the aggrieved was dismissed due to her refusal to handle escalated calls, which led to reduced performance of the Call Centre. It also highlighted that her husband's entry into the office violated company policies and endangered staff. The aggrieved conversely contended that her dismissal was unjustified and that the Company did not follow due process, considering she was not informed of the charges against her, nor was she given the opportunity to be accompanied by a representative during the disciplinary meeting.
The IDT found that the Company did not follow proper disciplinary procedures and violated the aggrieved’s rights to a fair hearing. It also concluded that her dismissal was unjustifiable, as the reasons given by the Company were insufficient, and the evidence showed no proper investigation into the alleged threat by her husband.
Consequently, the IDT awarded the aggrieved’s reinstatement, with back pay from the date of termination. Alternatively, if reinstatement was not possible, the Company should pay her compensation in the sum of JMD 1,500,000.
