Christian v Martin

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Gordon. J.A.
• Judgment Date: 23 October 1970
• Neutral Citation: AG 1970 CA 27
• Docket Number: No. 6 of 1970
• Date: 23 October 1970

Court of Appeal

Lewis, C.J.; Gordon, J.A.; Cecil Lewis, J.A.;

No. 6 of 1970

Christian

and

Martin

(No. 2)

Miss F.M. Lake for Appellant

F.A. Clarke for Respondent

Industrial law - Contract of employment — Termination

Gordon. J.A.

1 In these two appeals which were heard together, the plaintiff/appellant has appealed from two judgments entered in favour of the defendant/respondent by the learned magistrate District A.

2 The appeals arise out of the following circumstances: the appellant was engaged by the respondent as a domestic servant some time in the first week of September, 1969, at $15.00 per week according to hers and according to him at $12.00 per week for a four-day week. According to the appellant she was dismissed at the end of the second week. She eras not paid her wages for that weeks nor was she allowed to take certain belongings of hers which comprised–

a bag valued at ……………	$8.50
a dress valued at…………	$10.00
1 pair shoes valued at ……	$5.50
1 watch valued at…………	$2.00
	$49.00

3 and a title deed.

4 The respondent admitted having dismissed the appellant because, as he said, she had not been performing her duties satisfactorily. He however denied owing her any wages, and alleged that he had been given the title deed as security for a loan of $100.00 which he had made to the appellant.

5 In the two separate claims which the appellant brought against the respondent, the first being a claim for $15.00 being one week's wages and costs, and the second for the return of certain goods and a title deed or their value and costs. Judgment was entered for the respondent by the trial magistrate.

6 In his reasons for his judgment the learned trial magistrate in dealing with the contract of employment stated thus...