Anthony v Tyrell

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Simmons, J.
• Judgment Date: 27 February 1978
• Date: 27 February 1978

Industrial Court

Simmons, J. (Hearing Officer)

Anthony

and

Tyrell

Appearances:

Mr. James Tanny, Ms. Faith Anthony for the worker

Mr. John E. Fuller, Ms. P. E. Tyrell for the employer

Industrial Law - Unfair dismissal — Union submitted that the employer dismissed the worker because she made a reply when she was asked to clean louvers — Employer stated that the worker in refusing to carry out an instruction issued by her employer terminated her own service — Decision that the employer's stated reason for closing the door could not be accepted and led the court to believe that her intent was that the worker should leave — Worker unfairly dismissed — Paid compensation of 2 weeks pay for loss of employment.

Case for the worker:

1 The employee's case was submitted mainly through, testimony made by the worker who stated that she was employed by Ms. Tyrell as a domestic servant. Some time in February 1964 to August 6th 1977, receiving a weekly salary of forty dollars ($40.00).

2 On 6th August 1977, while performing her normal duties, she was contacted by Ms Tyrell who asked her to clean the louvers, to which she replied that she had cleaned them the day before. She went outside with an ashtray.

3 The worker testified that on her return to the house she found that the door was closed with Ms. Tyrell barring it hindering her from re-entering. Ms. Tyrell shouted to her “Get your big stinking self off the hill”. The worker hesitated, but left soon after when she was presented with an envelope by Ms. Tyrell containing her week's pay.

4 The Union summed up by stating that the employer dismissed the worker because she made a reply when she was asked to clean the louvers. The Union claimed that the dismissal was unfair and asked that the worker be compensated for her years of service.

Case for the Employer:

5 The employer's case was submitted by Ms. Tyrell, who stated that the worker was employed by her as a maid from February 1964 to August 6th 1977. Her weekly salary was forty dollars ($40.00). Some time during 1971 the worker was engaged in a series of misconducts that led to her dismissal. However she was reinstated.

6 Ms. Tyrell stated that on 6W August 1977 she contacted the worker and asked her to clean the louvers. The worker refused, stating that she had cleaned them already the day before. The worker began to curse and went outside.

7 The employer stated that she closed the door to block out...