Moon Palace Jamaica ordered to pay former worker almost $36m for unjustifiable dismissal
Published:Tuesday | December 31, 2024 | 2:31 PM
Moon Palace Jamaica has been ordered by the Industrial Disputes Tribunal (IDT) to pay US$230,000 or almost J$36 million to a former worker after the tribunal found that the man's dismissal was “unjustifiable”.
The 20-page ruling was handed down on December 18. The employee, American Severin Alba, was dismissed in 2017.
His dismissal stemmed from a disagreement he had with a director at the Mexican-owned hotel, based in Ocho Rios, St Ann. Alba said subsequent to the disagreement, which concerned decisions that would adversely impact his sales commission, he was called to a meeting and told his services would be terminated with immediate effect.
He was given three hours to leave the hotel where he lived as an employee. However, this decision was later revised and time was given to make other arrangements for accommodation and to book a flight.
Alba, who was employed in a sales position, was on a fixed-term contract for one year which began in March 2017. He was dismissed in July 2017.
Alba said he was called to a meeting and forced to sign a resignation letter. He said this was the only way he was guaranteed to receive outstanding commission payments owed to him.
He later said Moon Palace failed to make the final of two payments.
Moon Palace, which operates under Operadora Palace Resorts (Ja) Ltd, argued that Alba resigned from his job. The hotel said approximately 10 months later, he alleged that he was unfairly dismissed.
The hotel maintained that Alba voluntarily resigned.
The IDT said having reviewed the evidence presented, it found that Alba was “constructively dismissed” with approximately seven months remaining on his contract.
Further, the IDT said that the dismissal was “unjustifiable”.
It said Alba was not found to be in breach of his contract; that he was dismissed without the required statutory notice; and was not allowed to complete his contract of employment.
The IDT said he was entitled to compensation and in accordance with section 12 of the Labour Relations and Industrial Disputes Act awarded him US$230,000 in compensation.
- Kimone Francis
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