96 now listed in NCC suit
THE NUMBER OF former National Conservation Commission (NCC) workers who have brought a case for wrongful dismissal before the Employment Rights Tribunal (ERT) is back to 96.
Yesterday, Queen’s Counsel Pat Cheltenham who is representing the claimants on behalf of the National Union of Public Workers (NUPW), said 42 people had withdrawn from the suit, bringing the number to 54.
But immediately after today’s session got underway at the Lloyd Erskine Sandiford Centre, there was discussion surrounding the names involved in the suit.
With a document in his hand, ERT commissioner Hal Gollop said he had a list of 46 people who were no longer involved in the NCC suit.
This led to intense discussion among Gollop, Cheltenham and NCC lawyer Mitch Codrington.
Cheltenham stated he did not know how many people had received settlement from the NCC.
“Under the Fifth Schedule of the Employment Rights Act, if you receive any payment, it is given into account in the final calculation. I am not going to withdraw any names. I am going to ask to withdraw my earlier submission because I am not in any position to withdraw 46 names from this matter, given how this Act is built,” Cheltenham said.
Gollop then ruled: “Any person who wants to withdraw from this suit must notify the tribunal in writing.”
As a result, 96 names will remain on the list.
Cheltenham requested and was granted a 30-minute break.
When the hearing resumes, former NUPW general secretary Dennis Clarke will give evidence. (MB)