Shadow owed for work done at school
DEAR MRS MACAULAY,
A principal from a prep school called me to be a shadow for two students at her school, who were both in the same class. She called me on May 8 and asked if I could start on May 13, and I said yes. She said the pay would be $40,000, to be paid by the school and the parents. I told her that since it was two students, I would need $45,000. She then told me that she would inform her assistant to expect me on May 13. When I went there the assistant asked what the principal and I had discussed, as she had not been briefed. I told her about the offer that was made, and my counter offer. She said “fair enough”. She then asked me for some documents, which I brought in.
I did not sign a contract. They paid the other staff members at the end of May and didn’t pay me for the time I worked in that month. I continued to work and never missed a day until June 13, when school dismissed, and I went to the assistant and asked her about my pay. She told me the principal would call me, and I told her that I was not coming back, as I still hadn’t received the contract to sign. I still have not heard from the principal or anyone else. Can I sue her for my pay even though I did not sign a contract? There is a log book with my signature, signing in and out for each day.
The direct answer to your question is yes, you can sue for your pay even though you did not sign a written contract. Verbal contracts are valid except for the ones which a law requires to be in writing. Your contract is not one of those. Your contract is one for performance of a service, and these contracts are made verbally every day and are binding and enforceable in the courts of law of Jamaica. It is clear from what you said that there was a contract, and the existence of your contract is evidenced by your signatures in the school’s log book to prove that you performed your side of the contract.
But before you sue for your pay, I must counsel you that you have not stated that you have actually made your demand directly to the principal for it, and that she has refused to pay you. In fact, you said that you told the assistant that you would not be returning because you had not received your contract to sign. The principal could legitimately defend herself by stating that at no time has she refused you payment and that you in fact made it clear that as you did not have a written contract, you would not go back to the school to have your payment processes done and effected.
I therefore strongly suggest that you go to the principal and make a demand for your pay for the period that you worked. If she refuses to pay you then you can proceed to sue her for your money.
In these circumstances, I also suggest that you should first go for assistance at the Ministry of Labour and make your complaint there. They could call the principal for you about her failure to ensure that you were paid for your work as you and she had agreed. Such calls are generally successful and much quicker to obtain results than court action. If after they speak with her, you are not paid, then go and file your claim in the Sutton Street Parish Court for Kingston and St Andrew, if the school is within these parishes.
I hope that I have clarified the position for you and I hope that you receive your payment very soon.
Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public, and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published. Mrs Macaulay cannot provide personal responses.
