Mary Isaacs has been employed by your company for the last 10 years. She was given a written contract of employment which only contained some of the terms and conditions of her employment. She was promised an employee handbook during her third week of employment but never received it until her fifth year of employment. Mary has applied for a job opening within the company which, if she is successful would be a promotion for her.

However, miss brown who does not hide the fact that her sexual preference is the same sex, has indicated to Mary that if she becomes her lover the job is hers. Mary becomes upset and reports miss brown to the human resources manager Betty, who without any thought whatsoever cause was thrown to her office and summarily dismisses her. Betty tells her that there is no place in the company for lesbians. The boss thinks about the series of events and tells Bailey that she must resign or be fired.

Discuss the legal issues in this scenario.

inpunar. (3) A redundancy payment shall be a preferred debt in all cases involving bankruptey or liquidation, PART VII TERMINATION OF EMPLOYMENT WITH NOTICE 29. (1) For the purposes of this Act, the minimum Period of notice. period of notice required to be given by an employer to terminate the contract of employment of an employee shall (a) where the employee has been employed for six months or more but less than twelve months (i) oneweek's notice or one week's basic pay in lieu of notice; and (ii) one week's basic pay (or a part thereof on a pro rata basis) for the said period between six months and twelve months; (b) where the employee has been employed for twelve months or more (i) two weeks' notice or two weeks' basic pay in lieu of notice; and (1) two weeks' basic pay (or a part thereof on a pro rata basis) for each year up to twenty- four weeks; (c) where the employee holds a supervisory or managerial position (i) one month's notice or one month's basic pay in lieu of notice; and (ii) one month's basic pay (or a part thereof on a pro rata basis) for each year up to forty- eight weeks. LRCY 12006 STATUTE LAW OF THE BAHAMAS CH.321A - 18] EMPLOYMENT (2) An employee shall not terminate his employment until after the expiry of {a) two week's notice to the employer if the period of employment is one year or more but less than WO years; or (b) four weeks notice to the employer if the period of employment is two years or more, unless the employer has been guilty of a breach of the terms and conditions of employment. (3) Notwithstanding subsection (1), the employer shall have the right to appropriate any monies owing to him by the employee from any monies payable under subsection (1). Provisions as fo 30. (1) Any notice which under this Part is required Haient or authorised to be given by an employer to an employee may be given orally or in writing by being delivered to the employee, or left for him at his usual or last-known place of residence, or sent by prepaid registered post addressed to him at that place. (2) Any notice which under this Part is required or authorised to be given by an employee to an employer may be given either by the employee himself or by a person authorised by him to act on his behalf, and, whether given by or on behalf of the employee (a) may be given orally or in writing by being delivered to the employer, or sent by prepaid registered post addressed to him at the place where the employee is or was employed by him; or (b) if arrangements in that behalf have been made by the employer, may be given by being delivered to a person designated by the employer in pursuance of the arrangements, or left for such a person at a place so designated, or sent by prepaid registered post to such a person at an address so designated. delivered to a person designated by the employer in pursuance of the arrangements, or left for such a person at a place so designated, or sent by prepaid registered post to such a person at an address so designated. STATUTE LAW OF THE BAHAMAS LRO 1/2006 EMPLOYMENT [CH.321A - 19 PART VIII SUMMARY DISMISSAL 31. An employer may summarily dismiss an Summary employee without pay or notice when the employee has dismissal. committed a fundamental breach of his contract of employment or has acted in a manner repugnant to the fundamental interests of the employer: Provided that such employee shall be entitled to receive previously earned pay. 32. Subject to provisions in the relevant contract of Grounds for employment, misconduct which may constitute a summary fundamental breach of a contract of employment or may be dismissal repugnant to the fundamental interests of the employer shall include (but shall not be limited to) the following - (a) theft; (b) fraudulent offences; (c) dishonesty; (d) gross insubordination or insolence; (e) gross indecency: (f) breach of confidentiality, provided that this ground shall not include a report made to a law enforcement agency or to a government regulatory department or agency; (g) gross negligence; (h) incompetence; (i) gross misconduct. 33. An employer shall prove for the purposes of any Proof of proceedings before the Tribunal that he honestly and misconduct. reasonably believed on a balance of probability that the employee had committed the misconduct in question at the time of the dismissal and that he had conducted a reasonable investigation of such misconduct except where such an investigation was otherwise unwarranted. LRO 1/2006 STATUTE LAW OF THE BAHAMAS CH.321A - 20] EMPLOYMENT PART IX UNFAIR DISMISSAL Right of 34. Every employee shall have the right not to be employee. unfairly dismissed, as provided in sections 35 to 40, by his employer. Fairness of 35. Subject to sections 36 to 40, for the purposes of dismissal. this Part, the question whether the dismissal of theLNLIL LA = LU LIWER ALK T IVELZEN L PART IX UNFAIR DISMISSAL Every employee shall have the right not to be smissed, as provided in sections 35 to 40, by his (o Fairness of 35. Subject to sections 36 to 40, for the purposes of dismizsal this Part, the question whether the dismissal of the employee was fair or unfair shall be determined in accordance with the substantial merits of the case. Dismissal 36. (1) For the purposes of this Part, the dismissal of :';::::13 wmde an employee by an employer shall be regarded as having membership, been unfair if the reason for it (or, if more than one, the principal reason) was that the employee (a) was, or proposced to become, a member of an independent trade union; (b) had taken, or proposed to take, part at any appropriate time in the activiies of an independent trade union; or (c) was not a member of any trade union, or of a particular trade union, or of one of a number of particular trade unions, or had refused or proposed to refuse to become or remain a member. (2) Any reason by virtue of which a dismissal is to be regarded as unfair in consequence of subsection (1) is in this Part referred to as an \"inadmissible reason\then for the purposes of this Part the dismissal shall be regarded as unfair. 38. An employee shall be treated for the purposes of Dimissiion this Part as unfarly dismissed if the reason or principal JECH reason for her dismissal is that she is pregnant or is for any nthar reagon connected with her pregnancy. Ej 22 Of 37 Where an employer Dismissal of i - replacement on engaging an employee informs the employee ioee. in writing that his employment will be terminated on the return to work of another employee who is, or will be, absent wholly or partly for any reason; and (b) dismisses the first-mentioned employee on the return to work of that other employee, then, for the purposes of this Part, the dismissal of the first- mentioned employee shall not be regarded as having been unfair. 40. (1) The provisions of this section shall have effect Dismissalin in relation to an employee (in this section referred to as T;T:';;D'::I:'ch-' \"the cgcrzplainant":l who claims that he has been unfairly e dismissed by his employer where at the date of dismissal indusirial action (a) the employer was conducting or instituting a lockout; or LR 12006 STATUTE LAW OF THE BAHAMAS CH.321A - 22] EMPLOYMENT (b) the complainant was taking part in a lawful industrial action. (2) In any case mentioned in subsection (1), the Tribunal shall not determine whether the dismissal was fair or unfair unless it is shown (a) that a relevant employee of the same employer has not been dismissed; or (b) that any such relevant employee has, before the expiry of the period of three months beginning with the date of dismissal of the complainant, been offered re-engagement and that the com- plainant has not been offered re-engagement. (3) Where it is shown that the condition referred to in subsection (2)(b) is fulfilled, the provisions of sections 35 to 39 shall have effect as if in those sections for any reference to the reason or principal reason for which the complai- nant was dismissed there were substituted a reference to the reason or principal reason for which he has not been offered re-engagement. (4) In this section \"date of dismissal\" means (a) where the complainant's contract of employment was terminated by notice, the date on which the notice was given by the employer; and (b) in any other case, the effective date of termination; \"relevant employee means (a) in relation to a lock-out, an employee who was directly interested in the dispute in contemplation or furtherance of which the lock-out occurred; and (b) in relation to a strike or other industrial action, an employee at the establishment of the employer at or from which the complai- nant works who was taking part in it at the date of dismissal of the complainant, and, in this section, any reference to an offer of re- engagement is a reference to an offer (made either by the original employer or by a successor of that employer or an associated employer) to re-engage an employee, either in the job which he held immediately before the date of STATUTE LAW OF THE BAHAMAS LR 172006 11 Ry Employment Act.pdf - EMPLOYMENT [CH.321A - 23 dismissal or in a different job which would be reasonably suitable in his case. 41. Where, under the Industrial Relations Act, a Complain. trade dispute relating to unfair dismissal is referred to the "3 Tribunal such dispute shall be dealt with by the Tribunal as a complaint in accordance with the provisions of this Part. 42. (1) Where on a complaint made under section 41 Remedies for the Tribunal finds that the grounds of the complaint are nfirdismissal proved it shall explain to the complainant what orders for reinstatement or re-engagement may be made under section 43 and in what circumstances they may be made, and shall ask him whether he wishes the Tribunal to make such an order, and if he does express such a wish the Tribunal may make an order under section 43. (2) If on a complaint made under section 41 the Tribunal finds that the grounds of the complaint are proved and no order is made under section 43, the Tribunal shall make an award of compensation for unfair dismissal, calculated in accordance with sections 46 to 48, to be paid by the employer to the employee. 43. (1) An order made under this section may be an Onder for order for reinstatement (in accordance with subsections (2) renstatement or and (3)) or an order for re-engagement (in accordance with subsection (4)), as the Tribunal may decide. (2) An order for reinstatement is an order that the employer shall treat the complainant in all respects as if he had not been dismissed, and on making such an order the Tribunal shall specify {a) any amount payable by the employer in respect of any benefit which the complainant might reasonably be expected to have had but for the dismissal; (b} any rights and privileges, including seniority and pensions rights, which must be restored to the employee; and (c) the date by which the order must be complied with. (3} Without prejudice to the generality of subsection (2), if the complammant would have benefited from an improvement in his terms and conditions of employment had he not been dismissed, an order for reinstatement shall require him to be treated as if he had benefited from that LR 12004 STATUTE LAW OF THE BAHAMAS CH.321A - 24) EMPLOYMENT improvement from the date on which he would have done so but for being dismissed. (4) An order for re-engagement is an order that the complainant be engaged by the employer, or by a successor of the employer or by an associated employer, in employ- ment comparable to that from which he was dismissed or other suitable employment, and on making such an order the Tribunal shalrspccif}' the terms on which re-engage- ment is to take place. Enforcement of 44. (1) If an order under section 43 is made and the ordis ol complainant is reinstated or, as the case may be, re- under section 43 z ad engaged but the terms of the order are not fully complied 4:12 11 Ry Employment Act.pdf - improvement from the date on which he would have done s0 but for being dismissed. 14) An order for re-engagement is an order that the complamant be engaged by the employer, or by a successor of the employer or by an associated employer, in employ- ment comparable to that from which he was dismissed or other suitable employment, and on making such an order the Tribunal shall specify the terms on which re-engage- ment is to take place. Enforcement of 44. (1) If an order under section 43 is made and the order mede complainant is reinstated or, as the case may be, re- under section 43 . i engaged but the terms of the order are not fully complied compensation with, then, subject to section 48, the Tribunal shall make an awand. award of compensation, to be paid by the employer to the employee, of such amount as the Tribunal thinks fit having regard to the loss sustained by the complainant in consequence of the failure to comply fully with the terms of the order. (2) Subject to subsection (1), if an order under section 43 is made but the complainant is not reinstated or, as the case may be, re-engaged in accordance with the order (a) the Tribunal shall make an award of compen- sation for unfair dismissal, calculated in accor- dance with sections 45 to 47 to be paid by the employer to the employee; and (b} unless the employer satisfies the Tribunal that it was not practicable to comply with the order, the Tribunal shall make an additional award of compensation to be paid by the employer to the employee of an amount of not more than twenty- six weeks' pay. Compensation 45. Where the Tribunal makes an award of compen- 3,:\"'?.;37 sation for unfair dismissal under subsection (2) of section 42 or subsection (2)(a) of section 44 the award shall consist of a basic award calculated in accordance with section 46 and a compensatory award calculated in accordance with section 47. Calculation of 46. (1) Subject to the following provisions of this basic awand. section, the amount of the basic award shall be the amount calculated by reference to the date the employee was dismissed by starting on that date and reckoning back- wards the number of complete years of employment falling within that period, and allowing three weeks" pay for each year of employment. STATUTE LAW OF THE BAHAMAS LRO 12006 EMPLOYMENT [CH.321A - 25 (2) Where the Tribunal finds that the dismissal was to any extent caused or contributed to by any action of the complainant it shall, except in a case where the dismissal was by reason of redundancy, reduce the amount of the basic award by such proportion as it considers just and equitable having regard to that finding. {3} Where the Tribunal finds that the complainant has refused an offer by the employer which if accepted would have the effect of reinstating or re-engaging the complai- nant in his employment in all respects as if he had not been dismissed, the Tribunal shall not make an award. {4) Where the Tribunal considers that any conduct of the complainant before the dismissal (or, where the dismissal was with notice, before the notice was given), other than conduct taken into account by virtue of 11 Ry Employment Act.pdf - (4) Where the Tribunal considers that any conduct of the complainant before the dismissal (or, where the dismissal was with notice, before the notice was given), other than conduct taken into account by virlue of subsection (3), was such that it would be just and equitable to reduce or further reduce the amount of the basic award to any extent, the Tribunal shall reduce or further reduce that amount accordingly. {5) The amount of the basic award shall be reduced or, as the case may be, be further reduced, by the amount of any payment, made by the employer to the employee on the ground that the dismissal was by reason of redun- dancy, whether in pursuance of Part V1 or otherwise. 47. (1) Subject to section 48, the amount of the Caleulation of compensatory award shall be such amount as the Tribunal compensatory considers just and equitable in all the circumstances having \"**** regard to the loss sustained by the complainant in consequence of the dismissal in so far as that loss is attributable to action taken by the employer. (2) Such loss shall be taken to include (a) any expenses reasonably incurred by the com- plainant in consequence of the dismissal; and (b) subject to subsection (3), loss of any benefit which he might reasonably be expected to have had but for the dismissal. (3) In determining, for the purposes of subsection (1), how far any loss sustained by the complainant was attributable to action taken by the employer no account shall be taken of any pressure which, by calling, organis- ing, procuring or financing a strike or other industrial action, or threatening to so do, was exercised on the LR 12006 STATUTE LAW OF THE BAHAMAS CH.321A - 26] EMPLOYMENT employer to dismiss the employee, and that question shall be determined as if no such pressure had been exercised. (4) Where the Tribunal finds that the dismissal was to any extent caused or contributed to by any action of the complainant it shall reduce the amount of the compensa- tory award by such proportion as it considers just and equitable having regard to that finding. (5) If the amount of any payment made by the employer to the employee on the ground that the dismissal was by reason of redundancy, whether in pursuance of Part VI or otherwise, exceeds the amount of the basic award which would be payable but for subsection (4) of section 46 that excess shall go to reduce the amount of the compensatory award. Limit on 48. (1) The amount of compensation awarded to a compensation. person calculated in accordance with section 46 and of a compensatory award to a person calculated in accordance with section 47, shall not exceed eighteen months pay: Provided that where the employee holds a supervisory or managerial position the award shall not exceed twenty-four months pay. (2) It is hereby declared for the avoidance of doubt that the limit imposed by this section applies to the amount which the Tribunal would, apart from this section otherwise award in respect of the subject matter of the complaint after taking into account any payment made by