Emmanuel v Athill

• Jurisdiction: Antigua and Barbuda
• Judge: Chairman,Member
• Judgment Date: 28 August 1978
• Court: Industrial Court (Antigua)
• Date: 28 August 1978

Industrial Court

Prince, J. (Chairman), Griffith, J. (Member), Robinson, J. (Member)

Emmanuel

and

Athill

Appearances: -

Mr. Baldwin Spencer for the worker

Mr. John Athill for the employer

Industrial Law - Dismissal — Employer maintained that the Hearing officer erred in ordering the payment of any form of compensation since what he had in fact found was that the worker left her employment of her own volition and that there were no grounds for the award of compensation — Appeal accepted.

Points of Appeal -the Employer: -

Points of conflict - the worker: -

Investigation by the Board of Review: -

Conclusion: -

1 Worker's version:was too lazy and since she was not prepared to carry out his instructions she must leave

2 Employer's version:was too lazy and if she was not prepared to carry out his instructions she would have to go

3 In the view of the Board the difference between the two versions is more apparent than real, since they both call for one of two reactions on the part of the worker: either (A) acceptance of...