NWRHA ordered to pay ex-worker $75,000

The North West Regional Health Authority (NWRHA) must pay $75,000 in compensation to a former employee after the Industrial Court ruled his termination unlawful. The court mandated the payment by the end of this month, finding that the NWRHA failed to adhere to legally required disciplinary procedures before deciding not to renew the worker's contract.

In a unanimous decision, the three-judge panel determined that the termination was harsh, oppressive, and contrary to established principles of good industrial relations. The dispute centered on the non-renewal of Edington Lewis's contract in August 2019. Lewis, employed as a Hospital Attendant I since May 2018, was earning a monthly compensation package of $6,192 at the time of his dismissal.

“

The decision to expel an employee from his place of employment must not be done in a cavalier and uncaring manner.

The Public Services Association (PSA), representing Lewis, argued that he was dismissed without a chance to be heard and without any disciplinary charges being filed. While the NWRHA claimed the staff appraisal was conducted properly and Lewis was aware of performance deficiencies, the court found no evidence that Lewis was charged with misconduct or that the Regional Health Authorities (Conduct) Regulations were invoked. The court stressed the legal obligation for statutory bodies to follow fair procedures when dealing with alleged misconduct, stating such decisions must not be made in a "cavalier and uncaring manner."

“

no evidence that the employee was charged with any misconduct, and no evidence that the provisions of the RHA's Conduct Regulations were invoked