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CCJ overturns Appeals Court decision favoring dismissed GuySuCo worker

Apr 16, 2015 News

A decade of litigation brought by a sacked sugar worker ended Tuesday at the Caribbean Court of Justice (CCJ) with a ruling overturning a Court of Appeal decision to award him severance benefits and wages.
The case was filed with the Regional court by the Guyana Sugar Corporation (GuySuCo) appealing a ruling of the Guyana Court of Appeal in favor of Chandradat Dhanessar.
The case was brought under Termination of Employment and Severance Pay Act 1997 (‘the Act’).
According to a statement from the CCJ, GuySuCo summarily dismissed Dhanessar from his job as a cane worker in November 2006 following a physical altercation with his supervisor.
“GuySuCo challenged the decision of the Court of Appeal of Guyana which held that Mr. Dhanessar’s conduct did not amount to serious misconduct as to justify summary dismissal under section 10 of the Act.”
The Court of Appeal also ruled that Dhanessar should be paid wages in lieu of notice as well as severance benefits.
CCJ said it partly allowed the appeal and used the opportunity to clarify several parts of the Act.
“On the issue of summary dismissal, it held that because GuySuCo did not present evidence that Mr. Dhanessar’s conduct related to the employment relationship or caused detriment to their business, it could not rely on section 10 of the Act.”
The Court agreed that there was good and sufficient cause to dismiss Dhanessar for his inappropriate conduct under Section 7 of the Act but noted that in such circumstances, the payment of severance benefits is excluded by the Act.
“The Court therefore set aside the award of the severance benefits but left intact the award of one month’s salary in lieu of notice.”
The Court was comprised of Justices Rolston Nelson, Jacob Wit and David Hayton.
Kamal Ramkarran served as Attorney-at-law for GuySuCo while Khemraj Ramjattan appeared for Dhanessar.

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