Canadian still waiting for fair hearing
Canadian Michael Ross is disillusioned with the Employment Tribunal process, having battled in vain to get what he believes is his case of unfair dismissal heard.
Mr Ross, 49, moved to Bermuda in 2004 to take up a job as a Online Quality Editor with video production company Panatel VDS on a two year contract. He served a three-month probation period with the company during which time he could have had his employment terminated without notice.
He was in fact dismissed without notice two weeks after this period ended, with no severance pay, in what he believes was a breach of the Employment Act. ?I was fired and told to get off the Island without any money at all,? he said.
Mr. Ross took legal advice upon his return to Canada, and contacted the Ministry of Labour in July, 2004 but claims that it took the Ministry almost six months to send its first reply to him.
In March, 2005, a ministry inspector told him that his employment had been appropriately terminated, and that there were no grounds to have the matter considered further - meaning that his complaint would not be referred to a tribunal hearing.
Mr. Ross, who is now seeking advice about taking his case to the Supreme Court, said: ?It took several months for the Ministry?s internal investigation to be completed. Despite clear evidence that the employer had failed to meet the standards required under the Employment Act 2000, the investigator appointed by the Ministry refused to refer the complaint to the Tribunal.
?I was denied having a fair hearing of the complaint on its merits before the Tribunal. If my experience is any indication of how other complaints are handled in the investigation stage, it is no surprise that there have been very few hearings since the Act came into force.?