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$450,000 richer after unfair dismissal
The Ministry of Labour and Social Security in Kingston.<strong></strong>
Business
November 19, 2016

$450,000 richer after unfair dismissal

TELL Claudienne

Dear Claudienne,

In 2013 I was dismissed from my job as a nurse receptionist after 25 years of service. I felt wronged by both the manner and reasons forwarded for the termination of my employment.

On receipt of the letter of termination, I immediately took same to the Ministry of Labour and Social Security (MLSS). An officer at the MLSS office instructed that I put in writing what transpired leading up to the dismissal and I complied with the request.

The ministry initially did write a letter to my employer in regard to notice pay and within a short period of time it was paid to me. However, the ministry has done very little about the severance pay aspect of my complaint.

I have visited the MLSS office and was told that I would be called by the officer handling the case but I have not received a call and I am still waiting.

I hereby seek your help to find out the reasons for this delay by the MLSS in arranging a meeting to bring closure to the case.

CB

Dear CB,

Tell Claudienne communicated with the ministry and note that the MLSS subsequently set up a meeting between you and your employer. At this meeting your employer decided to appoint an attorney-at-law to negotiate with the ministry on his behalf.

In the negotiations the ministry determined that your employer had breached the labour laws and should compensate you. Your employer did not agree to pay you and the MLSS referred the matter to the Industrial Disputes Tribunal (IDT).When six months passed and you had not heard from the IDT we checked with the tribunal. Eventually the IDT heard the arguments of both sides in this matter in September 2015.We note that the tribunal ruled that you should be paid $450,000 for the wrongful dismissal part of your claim and that your former employer has made the payment.The IDT said that you would need to hire a lawyer for the courts to make a determination in regard to the severance and leave pay aspects of your claim.I am a government pensioner and in 2013 I applied to the Tax Administration of Jamaica (TAJ) for a refund of income tax that was being taken from interest in my bank account. In order to apply for the refund I had to give them one stub from each of my NIS pension cheques, a pay advice slip from the Accountant General (AG) and a statement from the bank showing the amount of interest earned and the tax taken. However, I have not got the refund.At the time my usual take home pension was $22,810 but all I received was $3,288.80.When I contacted the AG I was told that they got a directive from the TAJ that my threshold had been lowered to $220,000, so income tax should be taken from my pension.At the time my gross pay was $24,000 per month and the AG deducted $19,521.20 plus insurance health deductions of $1190 leaving me with $3288.80.I would appreciate your help in this matter.Good luck.

In the negotiations the ministry determined that your employer had breached the labour laws and should compensate you. Your employer did not agree to pay you and the MLSS referred the matter to the Industrial Disputes Tribunal (IDT).

When six months passed and you had not heard from the IDT we checked with the tribunal. Eventually the IDT heard the arguments of both sides in this matter in September 2015.

We note that the tribunal ruled that you should be paid $450,000 for the wrongful dismissal part of your claim and that your former employer has made the payment.

The IDT said that you would need to hire a lawyer for the courts to make a determination in regard to the severance and leave pay aspects of your claim.

All the best.

Dear Claudienne,

I am a government pensioner and in 2013 I applied to the Tax Administration of Jamaica (TAJ) for a refund of income tax that was being taken from interest in my bank account. In order to apply for the refund I had to give them one stub from each of my NIS pension cheques, a pay advice slip from the Accountant General (AG) and a statement from the bank showing the amount of interest earned and the tax taken. However, I have not got the refund.

At the time my usual take home pension was $22,810 but all I received was $3,288.80.

When I contacted the AG I was told that they got a directive from the TAJ that my threshold had been lowered to $220,000, so income tax should be taken from my pension.

At the time my gross pay was $24,000 per month and the AG deducted $19,521.20 plus insurance health deductions of $1190 leaving me with $3288.80.

I would appreciate your help in this matter.

LB

Dear LB

Tell Claudienne spoke to the relevant agencies and note that you have received the income tax refund.

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, 40-421/2 Beechwood Avenue, Kingston 5; or e-mail: edwardsc@jamaicaobserver.com. Please include a contact phone number.

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