Allen v Antigua Dairy Company Ltd

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Mr. Cuthbert Prince,Mr. Ian Shoul,Mr. William Robinson
• Judgment Date: 03 March 1980
• Date: 03 March 1980

Industrial Court

Prince, J. (Chairman); Robinson, J. (Member); Shoul, J. (Member)

Allen

and

Antigua Dairy Co. Ltd

Issue: Severance Pay

Appearances:

Representing the Employer:

Mr. C. M. Cumberbatch, Director, Antigua Employer's Federation.

Mr. L. Alexander, Manager

Mr. L. Maynard, Assistant Manager

Representing the Employee:

Mr. Hudson Joseph, Industrial Officer, A.W. U.

Mr. Benjamin Allen

Industrial Law - Severance Pay — Employee claimed he rejected the company's offer of recall and requested that he should be paid severance pay as he was recalled after 3 months from the termination — Company submitted that when the electricity supply returned to normal the worker would have been recalled if he could have been located — Court found union acted unreasonably in refusing to send the worker to work when requested by the company — Hearing Officer's decision upheld — Claim for severance pay failed.

1 Board of Review comprises:

2 Mr. Cuthbert Prince Chairman

3 Mr. Ian Shoul Member

4 Mr. William Robinson Member

Employee's Case:

5 Benjamin Allen claimed that he was employed with Antigua Dairy Company Limited for 6 years and was laid off on 23 February 1979 because of a cut in the electricity supply, but no date of recall given. The employee claimed that he rejected the Company's offer of recall on 23 May 1979 and requested that he should be paid severance pay as he was recalled after three months from the termination. This was endorsed by the Union.

Company's Case:

6 The Company claimed that when the electricity supply returned to normal about the middle of April 1979, the worker would have been recalled if they could have been located....