References to "the ERA" means the Employment Rights Act 2012 (Barbados). And references to “paragraph 1(c)” means paragraph 1(c) of the 5th Schedule of the ERA.
An employee’s dismissal is automatically unfair – if they have been dismissed for a reason1 listed in section 30(1) of the ERA. In such a case, the Tribunal does not need to consider the substantive or procedural fairness of the dismissal, e.g. if the employer acted within the "range of reasonable responses" or followed the standard disciplinary procedures.
There is no legal defence for a dismissal that is automatically unfair.
In the case of Hurley v Gatsby Inc, Ms Hurley was dismissed due to her “refusal to adhere to company’s amended Commission structure in light of company’s economic downturn".
The Tribunal found that Ms Hurley was dismissed - because she made a complaint about her “contract of employment or practice of the employer”. And therefore, Ms Hurley’s dismissal was automatically unfair - because she was dismissed for a reason listed in section 30(1) of the ERA.
In the case of Hurley v Gatsby Inc, Ms Hurley was dismissed due to her “refusal to adhere to company’s amended Commission structure in light of company’s economic downturn".
The Tribunal found that Ms Hurley was dismissed - because she made a complaint about her “contract of employment or practice of the employer”. And therefore, Ms Hurley’s dismissal was automatically unfair - because she was dismissed for a reason listed in section 30(1) of the ERA.
The Tribunal ordered Gatsby Inc to pay an additional award of $32,339.84 to Ms Hurley - because she was dismissed for a reason listed in section 30(1)(c) of the ERA 2012. Her total compensatory award was $50, 997.71.
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1. The reasons listed in section 30(1) of the ERA include performing jury duty or participating in a regional or international sporting event. Hence, it is automatically unfair to dismiss an employee for such a reason. See sections 31(1)(c)(viii), 31(2)(a), 31(2)(b) of the ERA.