ERT to reconvene case in December

THE Employment Rights Tribunal (ERT) continued the unfair dismissal case of Sonya Toppin vs Republic Bank yesterday.

The matter – which was brought before the ERT led by Chairman, retired Justice Christopher Blackman – was first filed in 2018, with the first hearing being held in February of this year.

Toppin, a sales supervisor, was terminated from the company back in April of 2017. She was detained at the airport with more than US$20 000 cash in her possession.

The tribunal heard from Senior Manager of Human Resources, Yvonne Hall, who was under cross-examination from attorney-at-law Larry Smith, representing the claimant, who honed in on the fairness of the procedure of dismissal. Attorney-at-law Kevin Boyce of Clarke Gittens Farmer represented the bank official.

It was noted that the first reason for the dismissal showed that Toppin breached the limit allowed to change foreign currency at the bank. Toppin did not have Exchange Control approval and that constitutes an offence. Smith argued, however, that a person has only committed an offence if convicted. However, ERT Chairman cautioned that under the Exchange Control laws, statutory offences were created. “Each of those laws are as simple as if you are found in possession of one bullet, you are in breach of the Firearms Act.”

Smith also questioned Hall about the letter received from the Acting Comptroller of Customs that indicated that Toppin was attempting to leave the jurisdiction with a sum of money that exceeded the sum allowed, which was a contravention of the laws of Barbados. The tribunal also heard that it was the revelation of this infor-mation through a gossip website that led bank management to approach Toppin and investigate the matter. It was noted that nothing improper was found in her bank accounts and no indication that the funds came from an improper source.

Smith also drew attention to the fact that Toppin did not receive a copy of the letter from the Comptroller of Customs of the allegations, rather she was told of the contents of the letter. He argued that she could therefore not confirm the veracity of the contents. Hall also noted that the letter never suggested that the Royal Barbados Police Force was involved in the matter.

Smith also queried the rationale for continuing a disciplinary hearing with Toppin in the absence of her legal representative. It was however noted that the Human Resources executive did not attend any of the disciplinary hearings and therefore was not in a position to respond.

The tribunal also heard of a loan taken out from the Barbados Public Workers’ Co-operative Credit Union. The ERT case will continue on December 9 and 11, when Hall is once again expected to take the witness stand. (JH)