Employment Rights Tribunal suspends ruling

The Employment Rights Tribunal (ERT) today dramatically suspended judgement on two unfair dismissal cases founded on similar principles but involving different parties.

Retired High Court and Appeals Court Justice Christopher Blackman, the tribunal’s chairman, had just finished delivering the first decision in the case brought against paint maker Berger Paints by ex-employee Anthony Herbert.

But as he was about to read the second one that involved distributor Bryden Stokes, the claimant, Donvile Jones, intervened and questioned the availability of a document which was reportedly filed on his behalf with the ERT in March.

The chairman then sought to clarify to reporters why exactly he stood down both judgments.

Justice Blackman said: “A decision was prepared on the basis of documents in the possession of the Tribunal. After the delivery of the first decision, it was contended by the representative of the claimant that something had been filed in late March, which, if the Tribunal had had access to, might well have impacted upon that decision, and was never served on the respondent company.

“In order for the matter to be fully ventilated, the Tribunal decided in all the circumstances, not to proceed with the delivery of the decision until a full investigation is carried out as to what was filed and what it says.”

The ERT is slated to rule in another unfair dismissal case on Wednesday morning at the Ministry of Labour in the Warrens Office Complex.

emmanueljoseph@barbadostoday.bb