Judge dismisses journalist’s wrongful dismissal claim

Jno Baptiste

A judge has dismissed freelance journalist Carlisle Jno Baptiste’s claim of wrongful dismissal against Kairi FM.

Jno Baptiste took the matter to court 13 months after his dismissal from Kairi FM by owner Frankie “Crazy T” Bellot.

Jno Baptiste was sacked eight years ago in February of 2004.

Justice Brian Cottle who dealt with the matter, said claimant Jno Baptiste failed to satisfy the court about the terms of his contract alleged to have been violated, and he was therefore “unable to award him damages”.

Carlisle Jno Baptiste told Dominica News Online that he was very disappointed with the judge’s decision, and would be appealing the matter.

“We found it strange that he disagrees with a precedent decision of the Appeals Court as it relates to my matter and has said that I must first go to a ‘tribunal’, although he upheld that I was in fact wrongfully terminated.  We are appealing his decision,” the journalist told DNO.

Jno Baptiste was seeking damages for breach of an oral contract for employment.

He told the court that he had been dismissed without notice or payment in lieu of.

He was also seeking compensation for two weeks’ unpaid vacation.

Justice Cottle in his judgement said instead of taking the matter to court, the journalist should have used a new labour procedure put in place, by addressing the matter via the relevant minister and the Labour Commissioner, under Part IV of the Protection of Employment Act.

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50 Comments

  1. TeteMorne I From..
    May 21, 2014

    Must be nice to seat behind a computer and delete whatever does NOT tickle your fancy. Why do you ALWAYS delete me posts? I see some REALLY RUDE posts on here and you refuse to delete them. Wha happen, are you discriminating against me? I know that even in little Dominica you all discriminate. It is because I am from Grand bay? Do tell, WHAT IS YOUR PROBLEM WITH ME????? :twisted: :evil:

  2. Voice
    March 18, 2012

    Has Mr. JnoBaptiste heard of the term employment at will? The employer can terminate the employee at any time oral or written agreement or not.

    If the case was based on discrimination he would surely stand a greater chance on winning the case.

    • TeteMorbne I From...
      May 20, 2014

      Dunno why this comment got a thumps down because it is the truth.

  3. raypeace
    March 17, 2012

    I want peace in my island and the appeal court will deal with that matter. I hope things work out for all persons who have been aggrieved; whther theyre journalist, school children, little girls , little boys , the elderly etc. WE need a ray of peace aka raypeace in our island and they say where there is no justice there will never be raypeace!

    ESTATED MASSIVELY !

  4. (DSI)
    March 17, 2012

    Wow wow wow . Oral contract . u trying every thing to bring my boss man down . Let me tell u that . Wornce he got de staff of of crazy koconut with him . All u can do what all u want old school always there for there boss man . And them jurnalist every time they fire all you from kiri . Is a xourt bussniss . All u good there krazy have all what he have allready try to bring him down still . Duh try to make something out off ur self . U want to come back and work man . Ur full .

    • Really?
      March 17, 2012

      Until he fires you do like a lo kaka you will keep running your mouth. Krazie is not above labour laws, Carlise was just wrong to enter into and ORAL contract with him.

    • may
      March 17, 2012

      DSI you need to educate yourself and stop singing for your supper.

  5. southeast
    March 16, 2012

    carlise please stop that there dont waste your little money on court your children needs it better or u can use it to buy your wedding gown in stead

  6. Papa Dom
    March 16, 2012

    I am sure that non Dominican visitors to this site are having a right old laugh at our expense. Can one of you point me to the law which states that there must be a written contract in order for anemployment relationship to exist between two parties?
    If the “employer” paid wages to the individual an a regular basis, withheld income tax and SS contributions from the other individual and made SS payments on the other’s behalf, then that person is an employee. So, please stop this foolishness and educate yourselves before making silly comments. It would appear that this judge is very ignorant about many things. It would be intersting to know when the “new law”came into effect because the article say that “Jno Baptiste took the matter to court 13 months after his dismissal”

    • Really?
      March 17, 2012

      Some of you too up and bright. Nobody is questioning the legality of an Oral Contract, people are laughing at the players involved, get a grip! who cares about your imaginary visitors who are laughing at you for being so intense on something so amusing! Carlise like most have said knows the nature of Krazy so it’s amusing that he’s in court with nothing but an oral contract against the idiot! Carlise likes taping, why didn’t he tape krazy at least when he went back to discuss his dismissal. I’m sure Krazy said many incrimminating things to give Carlise the upper hand.

    • Anonymous1
      May 2, 2012

      This judge is altogether wrong. What the Judge is referring to is the Revised laws of Dominica 1990 Mr. Jno Baptiste could either take it through a complaint to the Minister for Labour or to the courts. Appeal the matter this decision is absurd.

  7. Look It
    March 16, 2012

    How many of the those commenting actually read the judgement? lmao, boooy I tell you….Dominicans…special people.

  8. blaze
    March 16, 2012

    You people really need to inform yr self. An oral contract is perfectly legal and fine. Just that my problem is, the individual in question. I would never take that chance without a witness. Carlisle can do well with a good constitutional lawyer. It is a fact that he worded on the radio station, some had question to the owner and you will cut right through him. GOOD LUCK

  9. FEDUP
    March 16, 2012

    THE JUDGE GAAVE HIM A RED CARD

  10. bigger
    March 16, 2012

    Appeal of course the Q95 cabal will pass the bucket around as per usual yay papa

  11. As Is Written
    March 16, 2012

    ‘he say dat he say dat’ is fine in this case according to law, I believe, because the fact that carlisle worked there confirms there was some sort of oral contract.

    It is the “conditions” of the contract that cannot be verified by ‘he say dat he say dat.’ For all the evidence here, the Krazy/Carlisle’s oral contract could have in fact been terminated in the manner they agreed.

    i can just hear krazy issuing his oral contract: “Boy, you kan wok here, but any time you f me up a go f u up back. We undastan each odda?”

    only God, Krazy, Carlisle and the fella with the crystal ball knows the condition of that contrat. God aint talking about that. you cannot just beleive what either krazy or carlisle says because they are both saying opposite things. The fella with the crystal ball? well he cannot be found. So, what else could the poor judge do? 8-O

    • Peeping Tom
      March 17, 2012

      Intelligent analysis. Well done!

    • Anonymous1
      May 2, 2012

      If an employee does not have a written contract the Labour Contracts Act Chapter 89:04 protects the employee on basic rights. Please advise yourselves before making those comments

  12. Nancy
    March 16, 2012

    DNO i heard on the road that one of the journalist did some kind of reporting about a case and that case had to be sent back to May to be heard. Please report

  13. Rakatak
    March 16, 2012

    your margeee…..

  14. FORKIT
    March 16, 2012

    why is this making news?

  15. BIG
    March 16, 2012

    So, Matt have Oral contract too? :lol:

    • Peeping Tom
      March 17, 2012

      Lol! :mrgreen: :mrgreen:

  16. red boy
    March 16, 2012

    Carlisle that’s a big joke

  17. JB
    March 16, 2012

    ????????

  18. FED UP DOMINICAN
    March 16, 2012

    OMG a journalist puting credence to a ‘oral contract’, and never recorded the conversation.

    Lesson learnt, take nothing for granted, get everything in writing.

  19. tata
    March 16, 2012

    Mr Journalist

  20. Teacher
    March 16, 2012

    OMG. Carlisle where was your tape recorder. You lapse this time boy. Always have your tape. Remember you are the #1 spy and you cannot save your self? Hire Lennox Linton and Groovy bat. Q95 will take it from there. Good luck

  21. WTF
    March 16, 2012

    Hahahaha carlisle serious man??? ORAL CONTRACT???

    • Anonymous
      March 16, 2012

      yes zer zer a contract can be oral. though one would not expect one of that nature to be

      • Original-Eagle-Eye
        March 16, 2012

        It’s not zer zer a contract/agreement can be oral but with nothing documented otherwise i.e third party/recording it can be simply a meeting of the minds with it’s on terms subject to change by either party,what really does Carlise have to hold up as evidence against Krazie? Krazie-t word? :lol: Carlise can’t be serious to accept a job from Krazie of all people papa bondieu a la verbal contract! and that is what people laughing at.

  22. Concern abroad
    March 16, 2012

    Oral contract as a journalist.He should have known better that it would not stand in a court of law without witnesses.

    • simple mind
      March 17, 2012

      Yes,a contract can be either written or oral.

      • stoutt
        March 17, 2012

        oral contract cannot stand in court unless u have witness to say other wise,it’s base on u say he say

  23. people voice
    March 16, 2012

    Oh please, what school dat judge went to? a contract can be either written or oral; and who said one must go to a labour tribunal to seek redress re employment termination? Carlisle had a choice to either go to the courts or a labour tribunal to seek his redress, he chose the former; i suggest Carlisle consult the Labour Contract Act 1989 and chek the area where it says Termination of Employment. Oh boy, what you expect when you have a Labour Commissioner who is not trained in Labour Relations but is a Cuban trained Lawyer? directives to employer/employees in this country is doomed…. well Carlisle do your own research tan and go ahead appeal your case,make sure you get a good constitutional lawyer and talk to somebody trained in labour relations, employment relations and industrial relations also international labour law….

    • postage
      March 16, 2012

      yes its true that i contact can be in writing or oral, but in order to enforce it or make any claims it must be it writing. Or else at the end of the day is your words against mine. the Judge had it correct since he can’t prove anything in the court of law. please share that wit Carlise

    • Jade
      March 16, 2012

      But when he appeal it i hope he have money to pay cause Court of Appeal is big money bzness

    • Anonymous
      March 16, 2012

      Well, you sound like you are well knowledgable on labour related matters and who is/is not qualified, maybe you should consider giving representation to Mr. Jno. Baptiste. While you are at it, explain to us how an oral contract (he say/she say) can stand in court….without witness(es)

    • Cerberus
      March 16, 2012

      Could not have put it better myself. An oral contract is perfectly legal and if the claimant should have gone to the Triunal instead, he obviously would have been directed to do so by the first judge that heard his case.
      It would not be the first time judge Cottle has erred. Check his record.

    • Anonymous
      March 19, 2012

      I agree. carlisle has the right to choose what medium he wants to address his concern. This judge is a joker that man should be shipped out of Dominica

  24. Blessed
    March 16, 2012

    Interesting!…. I say, u say, we agree to disagree…Y didn’t her record it as a jornalist? hehehehe

    • Jade
      March 16, 2012

      I kno.. that he had to record he doh record it :lol:

    • Anonymous
      March 16, 2012

      but would he have been able to use the recording in the court.. Jus asking?

  25. Original-Eagle-Eye
    March 16, 2012

    HE say..She say.. Oral contract your word against mine… Big man like you taking on a job from Krazie with ORAL CONTRACT!

    • TeteMorne I From...
      May 20, 2014

      for real :-P

  26. POLITICAL
    March 16, 2012

    IT IS NOT HIS FIRST OR THE LAST. CARLISE SHOULD KNOW KRAZY IS A POLITICIAN WHAT DO U EXPECT ! :?:

  27. Sam
    March 16, 2012

    Oral contract is difficult to prove in court. It is one person word against the other.

  28. Oh Ho!!
    March 16, 2012

    Oral contract!!! Mercie papa..

  29. high risks
    March 16, 2012

    “breach of an oral contract”..hmmm

    • Just saying
      March 16, 2012

      Seems like a he say she say thing to me…. “hmmm”

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