Monday, April 15, 2024

ERT rejects claims of unfair dismissal

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The Employment Rights Tribunal (ERT) today unanimously rejected claims of unfair dismissal of former National Union of Public Workers (NUPW) general secretary, Roslyn Smith.

In delivering the decision virtually, ERT Chairman, former Justice Christopher Blackman, said that based on the evidence, Smith was made aware more than a decade ago that the retirement age was 65.

Throughout the proceedings, which began in January, a major area of concern was whether the retirement age of the union was 65 or 67 and which applied in Smith’s case.

Referencing correspondence between Sagicor as well as her appointment letter, Blackman said: “It seems to us, having reviewed the matters, the claimant had to be aware as early as 1994, based on the letter from Sagicor Life fixing the retirement age at 65 and at the latest in October 2017 when there were discussions, albeit inconclusive, about revising the retirement age.”

Smith was retired by the National Council of the NUPW on March 31, 2019.

She was represented by attorney Duanna Peterson, while Larry Smith KC and Codie Hind appeared for the NUPW. Both parties were ordered to pay their costs. (CLM)

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