By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

THE Industrial Tribunal has awarded $15,141.53 plus interest to Jackson Joseph after finding that his dismissal by Transformation Landscaping Development in February 2023 was wrongful and unfair.

Mr Joseph, who had worked for the company since 2017 as a maintenance and later an irrigation technician, was sent to Harbour Island to work on a landscaping project at the Briland Club Marina. Before departing, Mr Joseph informed management he needed to return to New Providence by February 19, 2023, due to a family commitment involving care for his three-year-old daughter.

Mr Joseph testified: “I reminded management that I could not change my travel plans because my wife work nights and we have a small child to attend to and I will have to look after her while she is at work.”

He added: “Had my situation not being what it was I would have stayed on the island until the job was completed.”

While on Harbour Island, Mr Joseph was asked by his supervisor and the company’s owner, Conray Rolle, to remain longer than planned due to delays in the project. When Mr Joseph insisted on returning as scheduled, Mr Rolle warned that leaving would be considered job abandonment, however Mr Joseph left Harbour Island on February 21, 2023, after missing his original flight.

The company argued that Mr Joseph’s refusal to remain and his conduct towards management amounted to gross insubordination and abandonment of his duties. However, the Tribunal found that the company failed to conduct a fair investigation and did not prove that Mr Joseph’s actions justified summary dismissal.

The Tribunal ruled that the dismissal process was flawed and that the company could not demonstrate it had an honest and reasonable belief that Mr Joseph had committed misconduct serious enough to warrant dismissal without notice. The award includes $9,237.53 in termination pay and $5,904 as a basic award under the Employment Act. The Tribunal also ordered interest at a rate of ten percent per annum on the sum until it is paid in full.

In its decision, the Tribunal found Mr Joseph to be “humble, soft-spoken, and a respectful individual” and called him a credible witness despite some minor inconsistencies in his evidence.