Problems at work in The Bahamas (unfair dismissal | Employment law | Labour Law)

Get advice early

Employment law can be complicated, and few people have a clear idea of all their rights at work. If you think your employer has treated you unfairly, it is important to get legal advice at the earliest opportunity. In some circumstances there are particular steps you must follow to sort problems out with your employer before you can take a complaint to an employment tribunal, as well as specific deadlines for making such complaints. Generally, the longer you leave a problem, the harder it is to solve.

An attorney can:

• explain your options;
• tell you if you have a legal case against your employer;
• help you decide whether your case is worth taking further; and
• explain what you should do next.

Finding an attorney

If you need to find a Bahamian employment lawyer, you can click here and e-mail your query.

If you are a trade union member, you may be able to get legal advice from a union official or an attorney appointed by the union.

Starting the process

Once you have found an attorney, you should explain your situation briefly over the phone and set a date for a meeting.

Make sure that you mention the dates of the events you are concerned about. If you plan to take someone with you to the meeting, mention this and ask if there are any documents you need to bring.

What your attorney will need to know

At the meeting your attorney is likely to ask you:

• how long you have worked for your employer;
• how much you earn;
• the details of your problem at work;
• what events have led you to your current situation;
• whether you have any relevant documents;
• whether there are any documents which you do not have that might be relevant to the case; and
• what, if anything, you have already done to sort the matter out.

Exploring the alternatives

Once you have explained your circumstances in detail, your attorney can explain your options. If your attorney believes you have a case and you want to take it further, you need to decide how you are going to do this.

If you have not already done so, you may need to try to sort the problem out with your employer direct before taking any other action. Your attorney can help you set out your case and, if appropriate, try to negotiate a settlement for you. If you are happy to carry out negotiations directly with your employer, your attorney can offer useful advice on how best to go about doing this.

If you cannot solve the problem with your employer direct, an employment tribunal may be your best option. If so, your Bahamian employment lawyer can help by preparing your case or representing you at court or the tribunal.

Following your employer's procedures

It is important to try to sort out your problem with your employer direct first, either informally or using their formal complaints/grievance procedure.

If you have started using your employer's complaints procedures or if your employer has started to take action against you (for example, about your behaviour, the quality of your work, your ability to do your job or your attendance) you should try to go to any meetings that are arranged and use any appeal procedures your employer has in place.

You should try to solve your problem with your employer direct because:

• matters can often be sorted out quite quickly this way; and
• employment tribunals can reduce your compensation if you haven't tried to sort out the matter with your employer before taking your case to them.

Compromise agreements

If you can reach an agreement with your employer without going to a tribunal, this can be recorded in a 'compromise agreement'. This is a legal document which confirms the terms of the settlement you have agreed, in exchange for which you give up your legal claim against your employer. You may be able to get your employer to make a contribution to your legal costs as part of the agreement.

Employment tribunals

An employment tribunal is chaired by a lawyer and made up of two independent 'wing' members with experience of employment relations. It is up to the tribunal to:

• weigh up the evidence;
• consider the law; and
• decide whether your claim against your employer is justified.

In doing this the tribunal may also consider:

• what policies or procedures your employer has for dealing with problems at work;
• your behaviour and your employer's behaviour throughout the time you were employed; and
• what steps you and your employer have already taken to solve the problem.

Decisions are made by majority vote and decisions are either announced straight away or follow in writing. If the tribunal decides in your favour, it has the power to award you compensation. Or if you are claiming for unfair dismissal, it can sometimes order your employer to give you your job back, though this is rare.  

Claiming unfair dismissal

Generally, you are only entitled to make a claim for unfair dismissal once you have been employed for a year or more, full or part-time. However, if you are dismissed for any of the reasons described below, your dismissal is 'automatically unfair'. This means that you are protected by law from the first day of your employment. These reasons include:

• trade union membership or duties;
• whistle-blowing (telling your employer or someone else about anything illegal or dangerous you know is happening at work);
• health and safety issues; and
• exercising a legal right, such as your right to a minimum wage, paid leave, leave for family reasons including pregnancy or maternity, a written statement of your terms and conditions of employment, or an itemised pay statement.

Discrimination

If you believe that you are being treated less favourably than other employees for any of the reasons set out below, you may have a discrimination claim. You are protected against discrimination based on any of the following.

• Your sex (including reasons related to being pregnant or being married)
• Your sexuality (sexual orientation)
• Your race (including your skin colour, nationality, and ethnic background)
• Your religion and beliefs
• Your disability
• Your age

You can make a claim to the tribunal if you have been less favourably treated at any stage of your employment. This includes how you were treated when you applied for the job and were interviewed, as well as during your employment or after your employment ends. Your attorney can tell you more about this.

Attorneys' charges

Charges can vary between attorneys. They depend on:

• the experience and knowledge of the attorney; and
• how complicated your case is.

If your attorney acts as a consultant in helping you to prepare your case but does not actually represent you, their charges are likely to be based on an hourly rate. However, if the case goes to a tribunal, other types of fee arrangement may be more suitable.




This post is for your information only and nothing contained in this post is intended to constitute a legal opinion.  If you require detailed advice you should contact a Bahamian Labour attorney.  You may contact a Bahamian labour attorney by clicking here.