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Salary row in legal see-saw
published: Wednesday | December 3, 2008

The Court of Appeal has sent a case back to the civil division of the Corporate Area Resident Magistrate's (RM) Court for it to hear a dispute between aircraft maintenance engineer Welch Thomas and the Caribbean Aviation Training Centre.

Welch had filed a suit in the RM Court seeking to recover $50,000 in unpaid salary, but a resident magistrate ruled that the court did not have the jurisdiction to hear it.

The RM ruled that the suit fell under the Employment (Termination and Redundancy Payments) Act and should be heard in the Supreme Court.

Welch, who is being represented by attorney-at-law Oswest Senior-Smith, appealed the ruling.

Court ruling

The Court of Appeal ruled this week that the resident magistrate had the jurisdiction to hear the matter because it was a case involving monies owed for work done. The court has promised to put its reasons in writing.

Welsh is contending that he was employed to the defen-dant's company and his contract should have expired on July 2006.

He said in March 2006 he informed the defendant that he was going to quit the job so his employment would end in April. He is contending that the defendant refused to pay him his salary of $50,000 for the month of April.

The defendant was not represented at the hearing in the Court of Appeal.


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