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JAMAICA | Attorney warns employers against including certain termination clauses in contracts

  • Written by Calvin G. Brown -Wiredja.com
  • Published in Justice
  • 0 comments
Attorney at law John Junor. Attorney at law John Junor.
KINGSTON,  Octoberr 28, 2019 - Attorney-at-Law John Junor is sending a warning to employers about the dangers of including certain termination clauses in contracts which breeches the rights of the employee and the dignity of the worker.
 
Attorney-at-Law John Junor  represented former Senior Director in charge of Audit and Complaints at the Firearm Licensing Authority (FLA) Michael Dixon, who was successful in challenging his immediate dismissal from the FLA in August 2017, after the Industrial Disputes Tribunal (IDT) ruled that it was unjustified.
 
Mr. Dixon was employed on a contractual basis, with a termination clause in the contract indicating that he could be dismissed without cause and given pay in lieu of notice.
 
The IDT stated in its ruling that despite the termination clause, the manner in which the FLA Senior Director was terminated was unfair, as it was immediate and no reason was given.
 
In addition, it stated that in the absence of reasons given and in the context where allegations of corruption were widely spread in the public domain, this was a breach by the FLA to show respect and dignity to the worker.
 
It ordered that Mr. Dixon be paid for the period which was left on his contract.
  
Mr. Junor states that while this is not the first such situation, this is another example of a contract that has a dismissal clause used by the employer which turned out to be unjustifiable dismissal.
 
Speaking Monday on RJR's Beyond The Headlines, he explained that "The master and servant days are over. A person's job is almost a right. It says in essence that you have rights, even you are under a contract," he pointed out. 
 
Mr. Junor suggested that he was expecting more to be awarded by the IDT in the just concluded case. He said based on the expectation, a review will have to be done to determine the next step. 
 
"We are doing the research and more importantly, he's now able to go to employers and say here is an award that says my dismissal was unjustified. That's why we have to review it to go a little further because there has to be some positive finding on the issue of whether of not he suffered damage because of the overall circumstances," he noted.
 
  • Countries: Jamaica

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