Introduction

This reference pertains to a representation made by Andrew Jayadass James Ambrose ("the claimant") wherein he claimed constructive dismissal vide letter AE8 dated 27 January 1999 by and from Dorsett Regency Hotel ("the hotel") by reason of the hotel purportedly having grossly violated the terms of his employment and persisted in its unjustified treatment of him.

The handing down of this award was inadvertently delayed by the transfer of the chairman who heard the reference, John Louis O'Hara, to his new position as chairman of the advisory board in the prime minister's department with effect from 2 May 2002. As of that date, O'Hara ceased to have jurisdiction to hand down this award as he had been appointed as chairman, Industrial Court ("the Court") for the period 2 May 2000 to 1 May 2002. However steps were taken to reappoint him for the specific purpose of handing down awards and with this reappointment, he now is once again vested with jurisdiction to hand down this award.

The Issue At Hand

A fortiori therefore, the principal issues before the Court are whether the claimant has been able to prove on a balance of probabilities through evidence that there were suff