The case involves Yaquiery Cruz (the Appellant), a Dominican Republic national and nail technician, and Ana L. Godet (the Respondent), who operates a beauty salon in Grand Turk. Cruz filed an unfair dismissal claim against Godet, alleging an employer-employee relationship.
Employment Arrangement
In 2017, Godet contacted Cruz in the Dominican Republic and asked her to work at her salon. Cruz claimed Godet agreed to pay her 50% of the gross income from her nail care business, and Cruz would pay her own travel expenses. No other terms were discussed.
Proceedings Before the Tribunal
Cruz filed an unfair dismissal claim and sought various compensations, including for unfair dismissal, unpaid wages, reimbursement of fees paid to Godet, and discrimination. Godet filed a defence but failed to submit a witness statement.
Evidence Before the Tribunal
Cruz provided evidence, including her working hours, lack of written contract, having to pay fees related to her work permit, lack of holiday and sick pay, and the circumstances of her dismissal on August 12, 2020.
Tribunal's Ruling
The Tribunal found no employer-employee relationship based on the "control test," as Godet did not control how Cruz worked, and Cruz was not integrated into Godet's business. The Tribunal dismissed Cruz's claims.
Appeal
Cruz appealed, arguing the Tribunal erred in finding no employer-employee relationship and failed to address her discrimination claim. Godet submitted a letter alleging facts about payment arrangements and Cruz's behaviour.
Court's Analysis
The Court found the evidence, including Godet's termination letter and warning letters, supported an employer-employee relationship. The Tribunal erred in law by determining the lack of such a relationship without giving Cruz an opportunity to be heard.
Conclusion
The Court allowed the appeal, set aside the Tribunal's findings, found an employer-employee relationship existed, ruled Cruz's dismissal was unfair, and remitted the matter to the Tribunal to determine valid claims, including discrimination, and order Godet to repay 50% of the work permit cost.