Bellot v Abbott

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Simmons, J.
• Judgment Date: 06 April 1978
• Date: 06 April 1978

Industrial Court

Simmons, J. (Hearing Officer)

Bellot

and

Abbott

Appearances:

Mr. James T. Rose, Mr. Casper Bellot for the worker

Mr. Bill Abbot for the employer:

Industrial Law - Unfair dismissal — Union maintained that the worker was dismissed rather than laid — off and argued that it was clear from the evidence produced that the employers were dissatisfied with the worker questioning his holiday pay and overtime and decided to dismiss him — Employer rejected the claims of the union and submitted it was a genuine lay — off resulting from the low occupancy of the hotel — Decision that the circumstantial evidence did support the union's claim of unfair dismissal — Worker dismissed unfairly.

Preamble:

1 In accordance with the provisions of “section B 6 (2)” of the Antigua Labour Code this matter was referred on 30th March, 1978 by the Honourable Minister of Labour, for format handling by Hearing Officer, the dispute being heard under provisions of “section C Pact 5”.

2 4. Place and Period of Hearing: Labour Department 6th April 1978. S. Hearing Officer: Mr. L. M. Simmons

Case for the worker:

• i. The Union stated the worker, a Security Guard, had been employed by Mr. Bill Abbott for two months.

• ii. He worked for twelve hours daily and received a weekly wage of one hundred dollars ($100).

• iii. The worker worked his normal hours (i.e. 12 hrs.) on Christmas Day, Boxing Day 1977 and New Years Day 1978. At the end of the respective weeks the worker received no extra payments in respect of the Public Holidays.

• iv. On 30th December, 1977, there was a party at the Hotel and the worker was instructed to work all day (i.e. 24 hrs.) by the Manager one Ms. Florence Sutty, which he did. Again no extra monies was received by the worker, as a consequence Mr. Abbott was contacted regarding same and the worker was told that he (Mr. Abbott) did not have to see.

• v. On January 20th 1973, the worker again contacted his employer regarding extra payments for Public Holiday plus overtime worked, only to be told that if he (the worker) continued he would be dismissed.

• vi. Subsequently, the worker was contacted by the employer, who informed him that he was laid-off effective 21st January, 1978. The worker left the workplace and visited his union.

• vii. The Union submitted that the employer was dissatisfied of the worker seeking his payments for work done, decided to dismiss rather than lay-off as indicated. Mr. Rose referred to “section C IS (1) and (2)” of the Antigua Labour Code.

• viii. The Union claims-

  • (a) Payments for work performed on Public Holidays (Christmas Day, Boxing Day & New Years Day), plus overtime on 30th December, T977 and

  • (b) Compensation for loss of employment.

Case for the Employer:

• i. Mr. Abbott in presenting his case stated that on several occasions the aggrieved worker along with one Joseph contacted him concerning employment.

• ii. Some time in November, 1977 he was contacted by the Management of Runaway Bay Hotel who requested of him some Security Guards for the Hotel.

• iii. He stated that he then contacted both the aggrieved worker and Joseph and give them employment, he pointed out however, that before the workers commenced working they gave consent to a verbal contract of employment issued by him.

• iv. The contents of the contract were: -

  • “(a) The workers (Casper Bellot & Joseph) were expected to work twelve hours daily as Security Guards.

  • (b) That their everyday employment was dependent on the Hotel's house count.

  • (c) That there employment depending on (b) above was expected to last one Hotel Season, however, if their performance was satisfactory they would be guaranteed employment at the start of the new season.

  • (d) Their weekly...