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Employee Threatens Industrial Court Action Over Alleged Unfair Dismissal and Unpaid Wages

Employee

A former employee of Sun Eye Security & Cleaning Services has issued a pre-action notice claiming unfair dismissal and unpaid wages. She may soon take the matter to the Industrial Court.

The employee’s representative sent the notice on January 23, 2026. It states that she was unlawfully dismissed while on certified sick leave. She also alleges multiple breaches of the Labour Code.

According to the letter, the employee worked from November 8, 2024, to January 15, 2026. She earned $9.00 per hour and worked 48 hours per week. On January 15, the Managing Director called her to question her absence. She explained she was on certified sick leave and submitted the required medical documents.

However, a second call allegedly followed. During this call, the employer accused her of causing a disturbance over a cheque. She denies the allegation. The employer reportedly told her not to return to work. Moreover, the employer suggested her boyfriend should cover her financial needs. The employee says this amounted to an immediate dismissal.

The notice claims the dismissal violated Section C56 of the Labour Code, which protects employees from unfair termination. It also says the employer failed to provide a written reason within seven days, violating Section C10. Consequently, the employer cannot justify the termination after the fact.

The employee also alleges wage violations. She claims she often worked 12-hour days without proper overtime pay, contrary to Sections C26 and C27. The employer is accused of not providing accurate payslips or wage records, which the employee demands under Section C36.

Additionally, the employee seeks unpaid vacation pay under Section C18. She also questions whether Social Security, Medical Benefits, and Education Levy contributions were correctly remitted.

She is claiming a total of $25,399.12. This includes notice pay, overtime, vacation pay, loss of statutory protections, loss of income, and exemplary damages for harsh treatment.

The employer has until February 4, 2026, to resolve the matter. If not, the employee plans to file a claim in the Industrial Court. She is seeking compensation, damages, interest, and costs, as well as any further relief the court finds just.

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