Bermuda Cablevision Ltd v David Greene and Others

• Jurisdiction: Bermuda
• Judgment Date: 25 November 2004
• Date: 25 November 2004
• Docket Number: Civil Appeal 2004 No. 9
• Court: Court of Appeal (Bermuda)

In The Court of Appeal for Bermuda

Nazareth, P; Evans, JA; Ward, JA

Civil Appeal 2004 No. 9

BETWEEN:

Bermuda Cablevision Limited

Appellant

and

David Greene

and

The Minister of Labour, Home Affairs & Public Safety

and

Others

Respondents

Mr. S Froomkin for the Appellant

Mr. M Diel for the Respondents

Whether Tribunal should continue to hear evidence — whether ‘circumstances surrounding’ means more than dispute surrounding the termination of the employee

JUDGMENT of Nazareth, JA

This is an appeal against part of the decision of Kawaley J upon the application of Bermuda Cablevision Limited for an interim injunction given after an inter partes hearing. The facts which have led to the appeal are as follows. On 12^th September 2003 the Appellant, Bermuda Cablevision Limited (‘Cablevision’) summarily dismissed one of its employees, David Greene (‘Greene’). He went to the Bermuda Industrial Union. There was a meeting of its members on the afternoon of 16^th September 2003. A considerable number of workers throughout the Island, including some Cablevision employees, withdrew their labour on 17^th and 18^th September. On the 18^th, there were also marches in Hamilton. By notice in the Gazette Extraordinary the Minister of Labour, Home Affairs and Public Safety, the Second Respondent (the 2^nd Defendant below) (‘the Minister’) declared that a labour dispute existed. On 26^th October 2000, the parties involved in this litigation were informed that the Minister had appointed Mr Lawrence Scott, Mr Pauulu Kamarakafego and Mr Bruce Lines to be members of the Tribunal with the following terms of reference:

‘To hear arguments and examine the circumstances surrounding the termination of Cablevision employee, Mr David Greene, and to make an award.’

The hearing was to commence on 30^th September 2004, but then that was adjourned to 13^th October 2003. On 10^th October 2004, Cablevision and Mr Greene entered into a Settlement Agreement which recorded that he had decided to resign and that Cablevision would pay him $25,000

‘in full and final settlement of any and all claims that Mr Greene may have arising out of his employment with Cablevision howsoever and wheresoever arising.’

The Permanent Secretary to the Ministry of Labour, Home Affairs & Public Safety (‘Mr Horton‘) was informed of the settlement by e-mail on 10^th October 2004. On 13^th October 2003, Mr Greene personally handed a cheque for $25,000 drawn upon his own account to the Cablevision...