Latest update April 25th, 2024 12:59 AM
Nov 11, 2008 Letters
Dear Editor,
The Peeper has unleashed some very scathing criticisms against the PPP/C Administration for its failure to pay Uncle Adam his resignation benefits. My question is: what benefits are we talking about?
As far as I am aware, no employee has a right to any benefit, in terms of severance pay, if that employee’s resignation is voluntary.
On the other hand, if the resignation arose from an ultimatum to either resign or be fired, then this can be treated as a constructive dismissal, and benefits would be quite in order. But this also may be subject to dispute, based on facts.
My understanding, however, is that Uncle Adam had an option to either stay or leave, and he chose the latter through resignation.
If this is so, then I cannot imagine Uncle Ulric, General Manager at that time, agreeing to pay Uncle Adam any benefits, since this will be contrary to basic I.R. principles.
On the contrary, if deemed a constructive dismissal, Uncle Adam may be entitled to the following:
a) pay in lieu of notice;
b) severance pay in keeping with the Collective Labour Agreement, if one was in existence; otherwise, severance would be discretionary, since the T.E.S.P.A. was not in existence at that time;
c) any refund, with interest, of his contribution to any contributory pension scheme in existence;
d) any outstanding salary at time of resignation, and
e) any other benefits consistent with his contract of employment.
The question of payment, therefore, rests on whether Uncle Adam’s resignation was consistent with someone voluntarily wishing to leave. Maybe the Peeper can so advise.
D. Sookdeo
Editor’s Note:
The article (KN 09-11-08) on Mr. Harris clearly states that he was one of the employees who were singled out by the new Government.
He therefore resigned in the public interest, with the expectation of receiving his benefits, which have not been forthcoming.
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