Abbott v Antigua Public Utilities Authority

• Jurisdiction: Antigua and Barbuda
• Judge: Browne, J.
• Judgment Date: 31 July 1978
• Court: Industrial Court (Antigua)
• Date: 31 July 1978

Industrial Court

Browne, J. (Hearing Officer)

Abbott

and

Antigua Public Utilities Authority

Industrial Law - Dismissal — Company issued a letter informing the employee that it accepted his absence from work and lack of communication and notification up to 1 week after expiration of his vacation leave as termination of his term of employment — Union felt dismissal was harsh and unreasonable — Court found that the employee's absence from work 3 weeks after the expiration of his vacation leave without due cause was an instance of neglect and justified dismissal.

Preamble:

1 In accordance with “section B9 (2)” of the Antigua Labour Code No. 14 of 1975 as amended, the Labour Commissioner appointed me as Hearing Officer to inquire into the circumstances surrounding the alleged unfair dismissal of Mr. Charles Abbott by the Antigua Public Utilities Authority.

2 The matter was referred for formal handling in accordance with the provisions of Division C Part 5 of the said Labour Code:

3 The Hearing conducted in accordance with “section B10 and 11” of the Labour Code took place at the Labour Department on Monday 31st July 1978. The worker was represented by Mr. David Jonas, Industrial Officer of the Antigua Workers' Union while the employer was represented by Mr. Derek Bailey, Manager of Administration. Also present was Mr. Densil Benjamin, Field Supervisor of Antigua Public Utilities Authority.

4 In accordance with “section B9 (5)” of the Labour Code, I submit my decision on the dispute.

Union's Case:

5 The Union stated that Mr. Charles Abbott's term of employment with the Antigua Public Utilities Authority and the Antigua Government as a semi-skilled labourer aggregated to twenty (20) years and the worker's last basic wage was $80.00 per week. The Union further stated that Mr. Abbott proceeded on sixty (60) days vacation leave on 3rd October 1977 and should have resumed work on 30th December, 1977. Mr. Abbott miscalculated the date he should have resumed work and reported for duty on 16th January 1978 instead of 30th December 1977. The Union continued that on 16th January, 1978, Mr Abbott was checked in by the Timekeeper. Mr. Henry Thompson who instructed the worker to report himself to the Field Foreman, Mr. Gladston Harris. The Union went on to state that while Mr. Abbott and the other workers were awaiting orders on the 16th January 1978, Mr. Densil Benjamin, the Field Supervisor called one of the workers and spoke with him. The worker then returned where the other workers were and informed Mr. Charles Abbott that the Field Supervisor, Mr. Densil Benjamin wanted to know if he (Mr. Abbott) had reported for work. The Field Foreman, Mr. Gladston Harris then instructed Mr. Abbott that he should report himself to the Field Supervisor who asked the worker if he came out to work. The worker replied positively. The Field Supervisor then told Mr. Abbott that he had resumed work three (3) weeks after the date he should have resumed work and added that he had received instructions that he (Mr. Abbott) should not be allowed to work. The worker then left and went to the Head Office of the Antigua Public Utilities Authority (A.P.U.A.) and held discussions with the Manager of Administration, Mr. Derek Bailey who advised him to see Mr. Pat Martin, Manager of the Water Division. Mr. Abbott left and went to Mr. Martin's Office located in the building of the Telephone Department at Long Street, where he was told that Mr. Martin was overseas. The worker returned to the Head...