Havercombe v Layfield

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: James, J.
• Judgment Date: 25 January 1978
• Date: 25 January 1978

Industrial Court

James, J. (Hearing Officer)

Havercombe

and

Layfield

Appearances:

Mr. B. Carrott, Ms. M. Havercombe for the worker

Mr. J. Fuller, Mrs. M. Layfield for the employer

Industrial Law - Redundancy — Arrangements were made for the worker to be employed as a cashier in a restaurant the employer intended to operate — Employee never took up such employment — Employee subsequently told to await the opening of the tourist season when she would receive employment at the O.W.H. — Worker never took up any employment — Judgment that the working relationship still existed and the absence of employment being 5 months the employer was liable to pay compensation — Worker made redundant — Awarded $750.00 for loss of employment.

Preamble:

1 In accordance with the provisions of “section B 6 (2) of the Antigua Labour Code as amended this unsettled dispute was referred on 13 ^th January, 1978 by the Honourable Minister of Labour, for formal handling by Hearing Officer, the Dispute to be heard under the provisions of Division C Part 4 of the Code, the issue being Redundancy. Hearing was held on January, 15 ^th 1978.

Case for Employee:

2 The case for the employee was presented in the form of evidence given by Ms. Marie Havercombe, the involved worker.

3 The worker stated that she was employed with Mrs. M. Layfield at the Anchorage Hotel in the capacity as a general clerk from 1971 – 1976 at a basic wage of $40.00 per week.

4 The employment was seasonal, lasting primarily through the tourist season.

5 In August 1976 the Anchorage Hotel Shop was closed and Ms. Havercombe was transferred to work at the Castle Harbour Hotel where Mrs. Layfield operated another shop.

6 In May 1977 the shop at the Castle Narbour Hotel closed and Ms. Havercombe went on her annual vacation with the understanding that she would be transferred as a cashier to a restaurant that Mrs. Layfield intended to open.

7 In July 1977 Mrs. Layfield opened the Hong Kong restaurant on Newgate Street, but did not employ Ms. Havercombe as her cashier. This job was given to another worker.

8 Subsequently Mrs. Layfield contacted Ms. Havercombe and informed her that she should await the opening of the tourist season to obtain employment at her Deep Water Harbour Shop. This the worker refused.

9 The Union put forward a claim that the worker was made redundant.

Cross Examination:

10 Mr. J. Fuller cross-examined Ms. Havercombe. It was established that Ms. Havercombe worked seven days a week at a wage of $40.00. She was a seasonal worker employed at the Anchorage Hotel where Mrs. Layfield carried on her business, but had occasionally done some work at the Deep Water Harbour at Mrs. Layfield's other shop.

It was further established that the only please Mrs. Layfield carried on a tourist shop at present was at the Deep Water Harbour, Ms. Havercombe; was told that when the tourist season opened she would take up employment at the Deep Water Harbour. This the worker did not do.

Case for Employer:

11 The case for the employer was given in the form of evidence by Mrs. Layfield.

12 Mrs. Layfield stated that at one time she operated three shops at (i) Anchorage Hotel (ii) Castle Harbour Hotel (iii) Deep Water Harbour.

13 The shop at the Anchorage Hotel closed in August 1976 at which time Ms. Havercombe who was working with her went on...