AISK ordered to pay $2m to athletic director dismissed during COVID-19 pandemic

The Industrial Disputes Tribunal has ruled that former athletic director at the American International School of Kingston (AISK), Allan Roper, was unjustifiably dismissed by reason of redundancy in 2020.

An order was made by the Tribunal on October 24 for the school to pay Roper $2 million as relief for his unjustifiable dismissal.

The school is a non-profit, incorporated company which operates as an educational institution with offerings of United States and international education programmes, curricula and instructions.

Roper was first employed on September 16, 2013 as a physical education teacher and through a series of promotions was appointed athletic director on a fixed-term contract.

On June 1, 2020, Roper was invited by email to attend a meeting scheduled for the next day. He was informed at the meeting that due to the impact of the COVID-19 pandemic on the school's operations his position would be made redundant with effect from August 1, 2020.

Roper's attorney wrote to the school on March 8, 2021 contesting the redundancy on the basis that it was not genuine. The school replied outlining the reasons for the redundancy, but that was not accepted.

The matter was referred to the Ministry of Labour and Social Security for conciliation and it was further referred to the tribunal.

Attorney-at-law Emile Leiba, who represented the school, referred to Roper's redundancy as a COVID-19 dismissal. He argued that the school was forced to close indefinitely in March 2020 based on Government's directives regarding the pandemic. He said students' enrolment for the September 2020 academic year was severely impacted.

The school called one witness to support its claim in relation to financial losses suffered during the pandemic. The witness admitted that Roper's post was advertised in February 2021.

Roper, who was represented at the hearing by attorney-at-law Dr Mario Anderson, testified that there were multiple factors which led him to challenge the redundancy but the final straw was when he saw his post being advertised in a newspaper in February 2021.

 In handing down its decision, the tribunal said  there was no consultation with Roper, no attempt to discuss alternatives to the redundancy or cushion the effects of the redundancy in the period of crisis brought on by the pandemic.

The tribunal referred to the “questionable advertising of February 2021” and said that given a later attempt to disguise Roper's previously held position “under a new rubric in the May newspaper advertisement, we are wont to conclude that Mr Roper's dismissal by reason of redundancy was harsh and unjust.”

The tribunal noted that within the Commonwealth jurisdiction, there was  a noticeable increase in the number of unfair dismissal claims that have occurred during the pandemic.

“While there have been legitimate reasons for redundancy during this period, many employers have used the pandemic as an excuse to 'cleanse' their workplace, putting many employees at risk of 'sham redundancies'," the tribunal said.

-Barbara Gayle

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