Industrial Court Orders Marble Villas to Pay Former Electrician After ‘Fabricated’ Redundancy

The Industrial Court has ordered Marble Villas to pay former assistant electrician Iwandy Daniel EC$22,250 after ruling that the company unfairly dismissed him under the guise of redundancy.

In a judgement delivered on 24 April, the court found the company acted in a “harsh” and “oppressive” manner by terminating Daniel’s employment and pressuring him to sign a severance agreement on the same day.

Daniel, who worked for the company from February 2016, was dismissed on 20 January 2023. His termination letter cited poor economic conditions and a lack of major construction projects.

However, the court found there was no genuine redundancy, noting that no other employees were dismissed and evidence showed electrical work was still available at the time.

The ruling stated the company failed to provide financial records or other evidence to support claims of declining business activity.

The court also found Daniel was pressured into signing away his right to pursue legal action in order to receive severance pay. It said he signed the agreement without legal advice and without being given time to verify the calculations, which were later found to be incorrect.

“The selection of a single employee for redundancy without any criteria, pool or comparative exercise does not carry the hallmarks of a genuine redundancy driven by business need,” the judgement stated.

During the hearing, Daniel alleged his dismissal may have been linked to a social media video showing him alongside late parliamentarian Asot Michael at a political event days before his termination.

The court made no finding on political motivation, ruling that the company was bound by the economic reasons stated in the dismissal letter.

Daniel was awarded total compensation of EC$35,450 for unfair dismissal, including damages and lost earnings. After deducting payments already made, Marble Villas must pay the remaining EC$22,250 by 24 May 2026.

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