M. Christopher Diamond

The applicant filed a human rights application alleging discrimination in employment.

The respondents requested the removal of the personal respondent, the managing director of the corporate respondent.

The Tribunal applied the Persaud factors and found that the corporate respondent accepted vicarious liability for the personal respondent's actions, which occurred in the course of his employment.

As there were no allegations of harassment against the personal respondent and the corporate respondent could fulfill any monetary remedy, the Tribunal removed the personal respondent from the proceeding.

The appellant appealed the dismissal of its claim arising from the loss of part of a shipment of watches seized by Bahamian authorities after customs documentation was incorrectly completed.

The court held that the respondent carrier had contracted not only to provide customs clearance services but also to deliver the shipment with customs clearance to the consignee's business address.

The consignee's conduct in attempting to obtain customs clearance did not break the chain of responsibility because, for that purpose, it acted as the carrier's agent.

The appeal was allowed and judgment was directed for the full claim together with pre-judgment interest and costs.