The Industrial Tribunal has been asked to exclude the arguments of the Social Services Agency in the hearing of the unfair dismissal complaint by Ms J Hernandez, following persistent failures on their part to provide disclosure of information.
This information was requested from the Attorney General’s office in July 2006 when it was stated that all relevant information had been disclosed. Disclosure was asked of all the records relating to the dismissal of Joanna Hernandez as Manager of Dr Giraldi Homes in October 2005. These basic requirements to provide information have not yet been complied with.
In September 2006 when the case was contracted out by the Attorney General Chambers to Messrs. Triay & Triay, one of the first steps taken by the law firm was to ask for the case to be thrown out if the statements of the complainant’s witnesses were not submitted within 14 days.
Since then they have persistently failed to provide the information requested of them.
Eventually the Tribunal issued an order requiring that the information be provided. At the last hearing the Agency lawyers said that they were not yet ready.
The latest exchange was on January 30th when they said they could not meet the deadline but that the information would be provided by close of business 1st February. Two further weeks have further passed and still no information has been provided. It is an absolute disgrace that a public statuary body should be conducting itself in this manner and that the Attorney General’s chamber that has been involved in this case since the dismissal took place should idly stand by and allow this to happen.
It puts in question whether employees dismissed from Government controlled entities can really expect to receive the proper protection that the law on unfair dismissal is supposed to provide.
Link
http://www.gslp.gi/Press_Release/topic.php?id=114
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