Employee Threatens Industrial Court Action Over Alleged Unfair Dismissal and Unpaid Wages

A former employee of Sun Eye Security & Cleaning Services has issued a formal pre-action notice alleging unfair dismissal, unpaid overtime, and multiple breaches of the Labour Code, with potential legal proceedings looming before the Industrial Court.

According to correspondence dated January 23, 2026, the employee, through her representative, claims that her employment was unlawfully terminated while she was on certified sick leave, without notice, due process, or just cause.

The letter outlines that the employee was employed from November 8, 2024, to January 15, 2026, earning $9.00 per hour and working a standard 48-hour workweek. On the morning of January 15, 2026, the Managing Director allegedly contacted her by telephone to inquire about her absence from work. The employee reportedly explained that she had been on certified sick leave since January 6 and had submitted the relevant medical documentation to the company.

Shortly thereafter, a second call was allegedly made in which the employer accused the employee of causing a disturbance related to the collection of a cheque. The employee denies the allegation and states that during that call she was instructed not to return to work, with the employer further suggesting that her boyfriend should assume responsibility for her financial needs. The letter asserts that these statements amounted to a verbal dismissal, immediately terminating the employment relationship.

The employee contends that this action breached Section C56 of the Labour Code, which protects employees from unfair dismissal. Additional alleged breaches include failure to provide a written reason for termination within seven days, as required under Section C10, thereby barring the employer from advancing any post-hoc justification for the dismissal.

The correspondence further alleges extensive wage violations. Records reviewed by the employee indicate that she routinely worked approximately 12 hours per day but was not paid the statutory premium rate for overtime, contrary to Sections C26 and C27 of the Labour Code. The employer is also accused of failing to provide proper payslips and accurate wage records, prompting a demand for full disclosure of the employee’s work account under Section C36.

Claims are also made for accrued but unpaid vacation leave under Section C18, as well as concerns that statutory deductions for Social Security, Medical Benefits, and Education Levy may not have been properly remitted, despite appearing on payslips.

The employee is seeking a total of $25,399.12, broken down as follows: notice pay, outstanding overtime wages, vacation pay, loss of statutory employment protection, loss of income arising from the dismissal, and exemplary damages for what is described as harsh and oppressive treatment.

The employer has been given until February 4, 2026, to settle the matter and provide outstanding employment records. Failing resolution, the employee has indicated her intention to commence proceedings in the Industrial Court, seeking compensation, damages, interest, costs, and any further relief the court deems just.

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