Brann v Levine

• Jurisdiction: Antigua and Barbuda
• Judge: Hearing
• Judgment Date: 11 December 1978
• Date: 11 December 1978
• Court: Industrial Court (Antigua)

Industrial Court

Sampson, J. (Hearing Officer)

Brann

and

Levine

Appearances: -

Mr. Baldwin Spencer, Miss Anita Brann for the worker

Mr. Howard D. Levine for the employer

Industrial Law - Unfair dismissal — Employee was dismissed for being consistently late for work for almost two years and that her performance had been deteriorating over a period of time despite efforts by management to correct it — Court found that the situation was created more by lax management than by any other factor and it was unacceptable that the worker should lose her employment as a result — Worker unjustifiably dismissed — Awarded $3050.00.

Case for the Worker:

Examination of the Worker: -

Case for the Employer:

Witness for the Employer: -

1 Mrs. Helen Shepherd.

• (i) The witness had been employed by Mr. Levine for twelve years, and had operated as the manager of the Antigua Shops for the past 10 years. She testified that the management Of the Halcyon Cove Hotel had called once or twice a month about the shop opening late, but was riot aware that the shop had ever opened later than 10.30 to 11.00 A.M.

• (ii) She felt that great problems had been experienced with the worker's lateness, and that the worker was late most of the time. She had spoken to the worker many times about this, and the worker had explained that her lateness was caused by difficulties with the hotel bus. She had discussed the worker's lateness with her sometime before her vacation in August 1978. She was not aware that Shipwreck Shops had ever transported their employees, and had never received complaints from other hotels about the shops opening late.

• (iii) She felt that the worker had been a good employee and had had no difficulties with her prior to the problems of the past two years.

• (iv) The witness was aware of two letters of complaint from the hotel management, one in late 1977, which she had opened herself and discussed with the worker, and one, other which came in August 1978. The hotel management had threatened to have Shipwreck Shops leave their arcade if the situation did not improve.

• (v) Finally, the witness stated that Mr. Levine made the decision to dismiss the worker while she was on vacation.

2 Miss Mabel Lynch

• (i) This witness had been employed for six years, and supervised the shops when the Manager was away. She had received telephone complaints from the Halcyon Cove Hotel when the Manager was away in July 1977, (once, two calls in one day) and had reported them to Mr. Levine. She did not discuss the worker's lateness with her.

• (ii) She was aware that St. Clair Phillip had transported the worker to the hotel for a short period.

• (iii) The witness knew, also, of the changes in the Halcyon Cove Shop's hours of opening and staffing arrangements, and noted that the hotel bus currently left St. John's at 7.30 a.m. and. 2.30 p.m.

Findings: -

• (i) The worker was employed by Mr. Levine as a Shop Assistant from November 1969 to September 18th 1978. For the last four years of her employment she worked at Shipwreck Shop, Halcyon Cove Hotel. Her last rate of pay was $75.00 per week.

• (ii) On Monday 12th August the worker went on five weeks' leave. On Thursday 17th August, while on a visit to the main store, she was informed by the manager that a decision had been taken to terminate her employment. Despite several visits to the main store in attempts to clarify the situation, it was not until the end of her vacation on Monday 18th September that she received a letter of dismissal dated Sunday 10th September 1978.

• (iii) The reasons for her dismissal were (i) that she had been consistently late for work for almost two years, and (2) that her performance had been deteriorating over a period of time, despite efforts by management to correct it.

• (iv) Prior to 1976 the opening hours of the Halcyon Cove Shop were from 10.00 a.m. to 6.00 p.m. The worker used the hotel bus to get to and from work,...