Six years and counting for court case to be heard
Dear Claudienne,
I worked at a coffee estate in rural St Andrew for 12 years up to 2008, when I was laid off without being told when to return to work.
Within six weeks of being laid off, I went to the Ministry of Labour. I was told that I could take no action until I had been laid off for 120 days. After 120 days had expired I went back to the ministry. I was instructed to write a letter to the manager of the coffee estate, give the ministry a copy of the letter and keep a copy.
I gave the ministry a copy of the letter I sent to the company, and the officer told me that the ministry would investigate and call me in three to four months.
When I did not hear from the ministry I went back to them and they told me that the company had not responded to their phone calls.
In 2009 the ministry sent me to the Sutton Street court to take out a summons against the company.
Eventually I got a legal aid lawyer to represent me at the Sutton Street court.
The judge who began hearing the case in 2009 told me that I could no longer claim redundancy pay of $90,000, as under the Redundancy Act the claim must be made within six months of being made redundant. My lawyer argued for me to be paid two to four weeks’ notice pay and two weeks’ vacation leave.
A lawyer representing the coffee estate and the farm manager also came to court and gave evidence.
The case was put off several times when the judge was either sick or presiding over a court in another parish, or my lawyer was absent or travelling overseas, or attending other courts. However, there was a part-hearing in 2014 when I gave evidence, and earlier this year there was another part-hearing at which the company gave evidence.
In late August 2015 I went to see my lawyer who told me that he had been informed by the clerk of court at the Sutton Street court that the judge hearing the case had retired. My lawyer said that the clerk of court told him that the case would have to start over before a different judge.
I am very frustrated and I think it very unfair that I am being told after this matter has been in the court for six years that the case has to start all over again.
I would appreciate your assistance in this matter.
JM
Dear JM
Tell Claudienne communicated with the office of the Chief Justice. We were informed that for your complaint to be investigated, you would have to send a written complaint to the Chief Justice via the Registrar of the Supreme Court. We wrote the letter on your behalf and gave it to you to take to the Registrar of the Supreme Court.
On receiving the letter, the Chief Justice began an investigation into your complaint. The office of the Chief Justice requested a report from the Sutton Street Court re your court matter. The court administrator of the Sutton Street court sent the report to the Chief Justice setting out the time line and all the details of the case from the time it started on November 6, 2009, to the last hearing on March 24, 2015. The Chief Justice also made contact with the retired judge who had presided at the court hearings up to the time of her retirement. The Chief Justice then determined that arrangements were to be made for your case to be concluded in the court.
The attorney for the coffee company and your lawyer have agreed on December 10 as the date convenient to both of them for the court hearings for your case to resume.
Please keep us informed as to the outcome of your case.
Good luck.
Dear Claudienne,
I have been having problems with LIME service since February of this year. I have been without my landline and internet service since that time, and though I have been calling them monthly, and most recently weekly, I have had no positive response.
I live in Falmouth, Trelawny.
Up to the time of sending you this e-mail (June 8, 2015), I have been paying the monthly bill of over $5,000, but have had no service.
I am being stressed out, because I can get nowhere with LIME. Nobody seems to care about the customer. As a matter of fact, I was told that I still have to pay the monthly fee.
Presently, I am off the island, but I have an overseer there and I am giving you his cellphone number in case you want to speak to him.
I am at their mercy, so please see what you can do to assist me.
HW
Dear HW,
We have communicated with LIME/Flow and they have said that the problem has been resolved. However, the company said that although they contacted your overseer he was unable “to confirm the status” of your service. They have asked the overseer to tell you to contact them as soon as you return to the island.
Good luck.
Have a problem with a store, utility, a company? Telephone 936-9436 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood Avenue, Kingston 5; or e-mail: edwardsc@jamaicaobserver.com. Please include a contact phone number.