And that's exactly why this country stay so!

[Mosiah]

How many wrong decisions can one judge make? Pusey should punish the bun-eater for assaulting the supervisor. If she wants to lecture the supervisor about the firing, that's another thing, but people can't go around the place a offer people box!

"I can't send him to prison for that. If it was me I would not fire him. I would just lay him off for two days." - Fool! No one is asking you to send anyone to prison over eating bun! Aaah bwoy!

Judge scolds 'merciless' bakery supervisor
BY TANESHA MUNDLE Observer staff reporter mundlet@jamaicaobserver.com
Monday, April 08, 2013



A National Bakery supervisor was Friday scolded in the Corporate Area Resident Magistrate's Court over his "lack of mercy" regarding a fired employee who had assaulted him.

The supervisor was scolded by Senior Resident Magistrate Judith Pusey after insisting that David Searchwell, who was fired for eating a bun on the job, be sent to prison over the assault.

The court heard that 18-year-old Searchwell and the supervisor got into an altercation after Searchwell breached the company's policy and was fired. The court also heard that the supervisor was punched in the face during the dispute.

The supervisor told the court that he wanted the young man to be sentenced as he was very disrespectful.

But the magistrate did not agree with his stance.

"I don't like it when people visit young people with the maximum," Pusey told the supervisor.

She told him that people needed to be given second chances and that he, as a manager, should not be quick to fire people but extend a hand of mercy.

"This young man is a working man and is not a multiple father and the first thing he said when he got up was that he was sorry, and he acknowledged that he was wrong," she said. "I can't send him to prison for that. If it was me I would not fire him. I would just lay him off for two days."

But the supervisor was not moved.

"Your Honour, with all due respect," he said, "I hear what you are saying, but I don't agree; and this is why the country is like this."

But Pusey shot back: "And it's people like you why we have criminals. As a manger you need to be flexible and understanding."

Eventually, the accused man was given 40 hours of community service.


Read more: http://www.jamaicaobserver.com/news/...#ixzz2PtSndeJn

[Don1]

In a role reversal...Pusey bows to Eater


Judge scolds 'merciless' bakery supervisor
]

BY TANESHA MUNDLE Observer staff reporter mundlet@jamaicaobserver.com
Monday, April 08, 2013



A National Bakery supervisor was Friday scolded in the Corporate Area Resident Magistrate's Court over his "lack of mercy" regarding a fired employee who had assaulted him.

The supervisor was scolded by Senior Resident Magistrate Judith Pusey after insisting that David Searchwell, who was fired for eating a bun on the job, be sent to prison over the assault.

The court heard that 18-year-old Searchwell and the supervisor got into an altercation after Searchwell breached the company's policy and was fired. The court also heard that the supervisor was punched in the face during the dispute.

The supervisor told the court that he wanted the young man to be sentenced as he was very disrespectful.

But the magistrate did not agree with his stance.

"I don't like it when people visit young people with the maximum," Pusey told the supervisor.

She told him that people needed to be given second chances and that he, as a manager, should not be quick to fire people but extend a hand of mercy.

"This young man is a working man and is not a multiple father and the first thing he said when he got up was that he was sorry, and he acknowledged that he was wrong," she said. "I can't send him to prison for that. If it was me I would not fire him. I would just lay him off for two days."

But the supervisor was not moved.

"Your Honour, with all due respect," he said, "I hear what you are saying, but I don't agree; and this is why the country is like this."

But Pusey shot back: "And it's people like you why we have criminals. As a manger you need to be flexible and understanding."

Eventually, the accused man was given 40 hours of community service.


Read more: http://www.jamaicaobserver.com/news/...#ixzz2PtSndeJn[/QUOTE]

[Islandman]

A worker punches a manager in the face? And he would not fire him? Wow

[Rockman]

Not even Clovis could come up with such a headline.

[Mosiah]

It appears the bun-eater was fired for eating bun at the workplace. The judge is saying that is too harsh a punishment, I guess because it was National Bakery afterall!

Whatever! What about punching the supervisor in the face? No punishment for that?!? It is not the judge's business how the supervisor wants to run his workplace. Afterall, it is a bakery. Maybe is tief di man tief di bun!

Judge screwed up again.

[Lazie]

It appears the bun-eater was fired for eating bun at the workplace. The judge is saying that is too harsh a punishment, I guess because it was National Bakery afterall!

Whatever! What about punching the supervisor in the face? No punishment for that?!? It is not the judge's business how the supervisor wants to run his workplace. Afterall, it is a bakery. Maybe is tief di man tief di bun!

Judge screwed up again.

So you wanted the judge to send the man to prison? I see nothing wrong with the punishment awarded by the judge.

[Rockman]

So it is okay for the man to punch the man?
That was the case at hand, it is a bad precedent.

[Mosiah]

"This young man is a working man and is not a multiple father and the first thing he said when he got up was that he was sorry, and he acknowledged that he was wrong," she said. "I can't send him to prison for that. If it was me I would not fire him. I would just lay him off for two days."

But the supervisor was not moved.

"Your Honour, with all due respect," he said, "I hear what you are saying, but I don't agree; and this is why the country is like this."

But Pusey shot back: "And it's people like you why we have criminals. As a manger you need to be flexible and understanding."

Eventually, the accused man was given 40 hours of community service.

Nothing wrong with the punishment per se. But the judge is mixing up the facts and what she is there to decide on.

Has the judge mentioned anything about the man striking his supervisor in the face? Should there be any punishment for that, even if it is community service? Surely, the supervisor could not have been saying imprison the man for eating the bun!

Yuh know what, maybe it is the reporter who totally screwed up what actually happened in court, because it is hard to believe the supervisor would be that dumb to want to imprison a bun-eater and it is also unbelievable that the judge has concerned herself about internal corporate matters and not about a physical assault.

I will continue to follow this judge's rulings.

[Lazie]

So it is okay for the man to punch the man?
That was the case at hand, it is a bad precedent.

Did you miss this part?

"the accused man was given 40 hours of community service"

[Rockman]

I stand corrected if that is not a slap on the wrist.
In any event my favorite judge arguments seem to be trivializing the offense.

[Mosiah]

Here is Star report on the court case:

Man sentenced to community service after punching supervisor

A former employee of the National Bakery who was fired for eating a piece of bun was brought before the Corporate Area Resident Magistrate's Court yesterday for punching his supervisor to the ground.

Charged with assault occasioning bodily harm is 18-year-old David Searchwell, who entered a guilty plea and apologised for his actions.

The court was told that the accused who was previously employed to the baking entity was caught consuming the baked product and was apprehended by his employers, resulting in his being fired.

The sequence of actions was not made clear, however, arising from that was an altercation that developed between Searchwell and his former supervisor, the complainant in the matter.

a fight

The court heard that things escalated to a fight in which the accused reportedly floored the complainant with his fist.

The complainant who stood in court, argued that the accused should be sent to prison, however, after hearing the case, Senior Resident Magistrate Judith Pusey had her own take on the matter.

She said, "Harden not your heart... he apologised pronto ... I wouldn't have fired him, I would have laid him off for two days or so ... as his superior you can teach him to learn from or correct his mistake. You have to be careful how you treat people ... the same knife stick sheep, stick goat ... I am sorry, I am not sending him to prison."

expressed remorse

RM Pusey continued, "He threw himself at the mercy of the court, acknowledged his mistake and expressed remorse for his action."

The complainant responded by saying, "Your Honour, this is your court and you have the final say. However, I disagree ... these are the reasons why this country is like this ..."

Among other reasons given by RM Pusey for her stance was that Searchwell was not reported as a ganja smoker, he was not handling any gun, and he was not known to be irresponsible like some men who care less with multiple children.

RM Pusey told the court that the accused's actions stemmed from the bun-eating incident in which he was fired, adding that the situation could have been handled differently.

Searchwell was then sentenced to 40 hours' community service, a notion which was supported by all the attorneys who were seated in court, who openly cheered that the outcome was a suitable course of action.

Now, do you think the supervisor was so wrong to fire the man for eating the company's goods? How many of us would have acted differently. It appeared the bun-eater "threw himself at the mercy of the court, acknowledged his mistake and expressed remorse for his action..." Did he do that when caught with the bun hanging from his white squalled lips?

Listen, people want work out dere. You can't be hired in a bakery and get caught eating off di people dem profits!

The judge concerned herself about internal company matters. Clearly the man was not brought before her for bun-eating! Or even for theft. "(He) was ... brought before the Corporate Area Resident Magistrate's Court yesterday for punching his supervisor to the ground." The judge could have said, "Hey, unnu fight and yuh get beat up. Case dismissed!" That woulda bad and nuh suh bad. Deal with that case, your honour! Employees, fired or not, cannot go around striking supervisors after tiefing dem products!

[Mosiah]

I stand corrected if that is not a slap on the wrist.
In any event my favorite judge arguments seem to be trivializing the offense.

Exactly!

I hope this judge will continue to display poor judgment as she continues on the Kern Spencer case.

[Lazie]

Here is Star report on the court case:

Man sentenced to community service after punching supervisor

A former employee of the National Bakery who was fired for eating a piece of bun was brought before the Corporate Area Resident Magistrate's Court yesterday for punching his supervisor to the ground.

Charged with assault occasioning bodily harm is 18-year-old David Searchwell, who entered a guilty plea and apologised for his actions.

The court was told that the accused who was previously employed to the baking entity was caught consuming the baked product and was apprehended by his employers, resulting in his being fired.

The sequence of actions was not made clear, however, arising from that was an altercation that developed between Searchwell and his former supervisor, the complainant in the matter.

a fight

The court heard that things escalated to a fight in which the accused reportedly floored the complainant with his fist.

The complainant who stood in court, argued that the accused should be sent to prison, however, after hearing the case, Senior Resident Magistrate Judith Pusey had her own take on the matter.

She said, "Harden not your heart... he apologised pronto ... I wouldn't have fired him, I would have laid him off for two days or so ... as his superior you can teach him to learn from or correct his mistake. You have to be careful how you treat people ... the same knife stick sheep, stick goat ... I am sorry, I am not sending him to prison."

expressed remorse

RM Pusey continued, "He threw himself at the mercy of the court, acknowledged his mistake and expressed remorse for his action."

The complainant responded by saying, "Your Honour, this is your court and you have the final say. However, I disagree ... these are the reasons why this country is like this ..."

Among other reasons given by RM Pusey for her stance was that Searchwell was not reported as a ganja smoker, he was not handling any gun, and he was not known to be irresponsible like some men who care less with multiple children.

RM Pusey told the court that the accused's actions stemmed from the bun-eating incident in which he was fired, adding that the situation could have been handled differently.

Searchwell was then sentenced to 40 hours' community service, a notion which was supported by all the attorneys who were seated in court, who openly cheered that the outcome was a suitable course of action.

Now, do you think the supervisor was so wrong to fire the man for eating the company's goods? How many of us would have acted differently. It appeared the bun-eater "threw himself at the mercy of the court, acknowledged his mistake and expressed remorse for his action..." Did he do that when caught with the bun hanging from his white squalled lips?

Listen, people want work out dere. You can't be hired in a bakery and get caught eating off di people dem profits!

The judge concerned herself about internal company matters. Clearly the man was not brought before her for bun-eating! Or even for theft. "(He) was ... brought before the Corporate Area Resident Magistrate's Court yesterday for punching his supervisor to the ground." The judge could have said, "Hey, unnu fight and yuh get beat up. Case dismissed!" That woulda bad and nuh suh bad. Deal with that case, your honour! Employees, fired or not, cannot go around striking supervisors after tiefing dem products!

It is clear the supervisor is an A-hole. He is embarrassed about being punched to the ground and want to get his revenge by sending the youth to jail. The youth admitted his guilt, no problem with the action of the judge on this matter.

[Lazie]

I stand corrected if that is not a slap on the wrist.
In any event my favorite judge arguments seem to be trivializing the offense.

"slap on the wrist."

Really? So what ... he should have been sent to prison?

[Mosiah]

Ok. See you won't budge on the little detail that the judge appeared to belittle the assault charge. So, let's move on from that.

Do you think the man should have been fired?

The court was told that the accused who was previously employed to the baking entity was caught consuming the baked product and was apprehended by his employers, resulting in his being fired.