By RASHAD ROLLE

Tribune News Editor

rrolle@tribunemedia.net

THE Industrial Tribunal has ordered a police officer to appear and produce records in the case of a former Bayside Construction and Development Limited employee who claims he was wrongfully dismissed.

The ruling stems from a dispute between foreman Daxson Morris and Bayside’s owner, Andrew Wilkinson, who terminated Mr Morris in May 2023 for what he described as “gross misconduct” and “gross insubordination”.

Mr Morris, who earned $800 a week, insists he was unfairly dismissed and has filed claims for wrongful dismissal, breach of contract, unfair dismissal, and vacation pay.

The conflict escalated after an email exchange on May 8, 2023, in which Mr Wilkinson raised concerns about Mr Morris’ performance and placed him on probation. The men later met at Bayside’s office, where each accused the other of shouting and using profanity.

Mr Wilkinson claims he feared for his safety and went to the Cable Beach Police Station the following day. He said he reported the incident to PC 2420 Lee Chong, who advised him to file a “police action” rather than a formal complaint. Mr Wilkinson later dismissed Mr Morris by email on May 11, 2023.

Mr Morris has disputed this account, pointing to a September 30, 2024 police report that he says contradicts Mr Wilkinson’s version of events. He argues that any attempt to rely on Officer Chong’s testimony amounts to hearsay and would unfairly prejudice his case.

However, the Tribunal found that Officer Chong’s appearance is necessary to clarify whether Mr Wilkinson did, in fact, make an informal complaint immediately after the confrontation. Tribunal members noted that Mr Morris’ advocate had accused the company of “manufacturing” evidence, making it essential to test the credibility of Mr Wilkinson’s claims.

In its ruling, the Tribunal said justice required allowing the officer to testify and produce any records of complaints lodged between May 8 and May 30 2023. “Clarification is necessary because it affects the merits of the dispute, namely, the weight and veracity of what Mr Wilkinson stated,” the judgment said.

The Tribunal concluded that Mr Morris would not be disadvantaged, as he would have the opportunity to cross-examine the officer at trial.

The case will now proceed to a substantive hearing, where the Tribunal will determine whether Mr Morris was wrongfully dismissed or whether Bayside was justified in terminating him for cause.