Tyson Strachan (Appellant) v Albany Resort Operator Ltd (Respondent) (Bahamas)

Hearing listed

Case summary
Appeal

Case summary

Case ID

JCPC/2023/0077

Jurisdiction

Bahamas

Parties

Appellant(s)

Tyson Strachan

Respondent(s)

Albany Resort Operator Ltd

Issue

Did the Court of Appeal err in upholding the trial judge’s determination that the Appellant had not established to the civil standard that his employer was liable in negligence and that there was no case to answer?

Facts

The Appellant was employed as a housekeeping supervisor by the Respondent company, which operates a resort on the island of New Providence. On 11 April 2013, the Appellant slipped on a wet floor and suffered injuries while carrying bags of towels to a storage area at the Respondent’s premises as part of his role. The Appellant contends that there were no warning signs in the vicinity. The Appellant was admitted to hospital for six days and subsequently completed three months of physiotherapy for his injuries. He was given time off work on sick leave. According to the Appellant, on 26 August 2013 the Respondent’s Vice President informed him that the Respondent would cease paying one third of his salary. On 7 November 2013, the Appellant requested reassignment of duties until his injuries improved. At a meeting in February 2014, the Respondent’s human resources manager gave the Appellant a severance letter effective 2 December 2013, along with a cheque in the amount of $9,607.08. In March 2014, the Appellant underwent two surgeries on his neck and back, followed by two years of physiotherapy. He reports still having pain. The Appellant brought a claim against the Respondent for damages, alleging that the Respondent was negligent for having failed to ensure that the premises were reasonably safe for lawful visitors or to erect adequate warning signs. According to the trial judge, only in counsel’s submissions did the Appellant refer to a claim for unfair dismissal. The trial judge dismissed the Appellant’s claim on the basis of no case to answer. The Court of Appeal dismissed the Appellant’s appeal. The Appellant now appeals as of right to the Judicial Committee of the Privy Council.