Fired Jerky’s restaurant manager awarded $5 million by IDT

THE Industrial Disputes Tribunal (IDT) has awarded a former employee of Montego Bay’s famous Jerky’s Limited restaurant compensation of $5 million for unjustifiable dismissal from her job as restaurant manager at the popular joint, after some eight years.

The decision by a second tribunal hearing the case of Melisa Donalds, which followed an award handed down by a previous division of the IDT which was challenged by the “aggrieved worker” and subsequently quashed by the Supreme Court in a judgment which also ruled that a newly constituted panel of the tribunal should hear the matter.

A new panel of the IDT was selected to hear and settle the dispute, comprising Donald Roberts, chairman; Errol Beckford; and Denese Morrison. There was no representative of the company involved in the entire proceedings.

Attorneys-at-law Gavin Goffe and Jovan Bowes represented Donalds, who was recognised as the aggrieved worker in the episode. In fact, a brief was submitted by the aggrieved worker but none was received by the tribunal on behalf of the employer.

Chairman Donald Roberts, said in the judgment that despite several efforts to have the employer representative attend any of the sittings, they failed to attend.

“In fact, prior to the commencement of the second sitting on November 9, 2023 the managing director of the company, Mr Tor Moe, was reminded by way of a letter of the commencement of the hearing and provided an online link. He, however, advised by e-mail at 11.07 am on the date of the sitting that he was “unable to attend”, the IDT report said.

It added that subsequent e-mails and telephone calls, including two registered mail to the company’s registered address, did not yield any response.

“In one instance, the tribunal, in a letter to Mr Moe, dated November 14, 2023, informed him of the rescheduled sittings for February 6 and 7, 2024 and advised of the tribunal’s power under Section 16A of the Labour Relations and Industrial Disputes Act, 1975.

“The Act sets out the tribunal’s right... to hear an industrial dispute referred to it for settlement on the tribunal being satisfied that due notice of the hearing was served on a party to the dispute, notwithstanding that, that party fails to appear before the tribunal,” the IDT stated.

It also noted that at the third sitting on February 6, 2024, not having had a response from the company or its representative, the tribunal commenced the hearing ex parte. A total of five sittings were held between November 8, 2023 and February 9, 2024 and four exhibits were tendered along with oral presentations.

The issue arose between 2010 and 2011 when the aggrieved worker, Melisa Donalds, was employed by Jerky’s Limited in the capacity of restaurant manager at the company, which is a limited liability body operating under the trading name Jerky’s Bar and Grill and registered at Lot 29-30 Alice Eldermire Drive, Bogue, Montego Bay, St James.

Donalds alleged that she raised several concerns regarding the working environment at the company with Tor Moe, the managing director, which she said negatively affected the relationship between herself and directors of the company.

She was able to negotiate with her employer an increase in remuneration. On August 16 she requested a further increase in remuneration and, thereafter, received a letter from the managing director terminating her services on the basis of, among other things, “irreconcilable differences”.

She then engaged the services of Nigel Jones & Company, attorneys-at-law, who wrote to the company challenging the termination.

The company, through its attorney, replied offering reinstatement with full pay and benefits and requested that she report to work on a particular date. Donalds’ attorneys, subsequently, wrote to the company declining the offer of reinstatement and recommending, instead, monetary compensation.

The parties were unable to resolve the dispute at the local level and so the matter was referred to the Ministry of Labour and Social Security (MLSS) for conciliation. The efforts at conciliation did not result in a resolution and, as a consequence, a referral was made to the IDT.

Donalds told the IDT that after the departure of Mrs Moe, part-owner, the office was relocated to a storage area on the upper floor of the building, which contained liquors, food boxes, and other items of goods, and the office space was shared with the dry storage area which could only be accessed through the said office entrance.

She said that there was poor ventilation in the storage/office area as well as a defective exhaust system, resulting in workers and customers being negatively affected by the incessant smoke emanating from the kitchen.

She added that employees were constantly complaining to her and were frequently absent from work due to illness.

She also said that the building became infested with insects and pests, exposing the staff to even greater health risks. She said there were three major fires which occurred during her tenure at the company.

Donalds also said that about July 20-16 she negotiated salary increases with Mr Moe, which resulted in her annual salary moving from $2.5 million to $3.5 million. She also noted that while at the office on August16, 2016, at around 7:00 pm, she received a letter terminating her services. The letter mentioned “irreconcilable differences” existing between her and Mr Moe who she claimed could only have meant that they were not seeing “eye-to-eye”.