NASSAU, BAHAMAS- The Privy Council dismissed an appeal by a former housekeeping supervisor at Albany Resort Operator Ltd, upholding the rulings of the Supreme Court and the Court of Appeal of The Bahamas. The decision followed a legal dispute arising from a workplace accident and subsequent claims regarding termination while on sick leave.
The appellant, Tyson Strachan, had filed claims for negligence related to a slip-and-fall accident at the resort’s pool area on April 11, 2013, and for being “unfairly disengaged” from his employment while on sick leave. Both claims were previously dismissed at trial by then-Supreme Court Justice Ruth Bowe-Darville and again on appeal by the Court of Appeal.
Strachan’s negligence claim arose from an accident near the resort’s swimming pool. The judgment noted that he was performing his regular duties, which included delivering six bags of beach towels from the outdoor pool area to an indoor storage area. Strachan alleged that he slipped on wet tiles, hitting his head, neck, and lower back, and claimed he had been unable to work as a result.
The Privy Council accepted that Strachan had sustained acute neck and back pain, was hospitalized for six days, and underwent physiotherapy. It further noted that the defendant had acknowledged he had sustained injuries from the fall. While the Board observed that expert medical evidence was required to link these injuries to subsequent cervical and lumbar surgeries, it found that Strachan had at least established significant soft tissue injuries. The Council noted that the lower courts should not have dismissed the negligence claim solely on the basis that he had not proven injury.
However, the appeal was dismissed in its entirety because Strachan had not established that the resort’s actions were negligent, and his claim that he had been unfairly disengaged while on sick leave was inadequately pleaded. Albany Resort terminated his employment on December 2, 2013, providing statutory payments totaling $9,607.08, including vacation pay, notice pay, and severance. The Privy Council concluded that Strachan had not demonstrated that these payments were insufficient or that his dismissal was unlawful, stating that “it is elementary that a claim must be particularised and there must be evidence to support it.”
