Havercombe v Ronaway Bay Hotel

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: James, J.
• Judgment Date: 28 March 1978
• Date: 28 March 1978

Industrial Court

James, J. (Hearing Officer)

Havercombe

and

Ronaway Bay Hotel

Appearances:

Mr. James T. Rose, Hermina Havercombe for the worker

Florence Suttie, Christobel Samuel for the employer

Industrial Law - Unfair dismissal came from the fact that the worker constantly requested her pay and on the last instance the manageress was in the presence of company and was annoyed by the worker's request — Union stated that it could not be accepted that because a worker requested what was hers, the employer being able to afford compensation should be allowed to do so without just cause — Employer submitted the worker was not fired because she asked for her pay but for misconduct — Employee unfairly dismissed — Awarded $200.00 for loss of employment.

Case for the worker:

1 In view of this the union claims

• (i) re-instatement without loss of pay or

• (ii) substantial sum for loss of employment.

Case for the Employer:

• i. Mrs. Suttie stated that the worker was fired on January 28th 1978 but refused to take the letter and continued to work for three days while she was out of the island.

• ii. Continuing it was stated that the worker was not fired because she asked for her pay, but for misconduct on the hotel. Ms. Havercombe should have cleaned a room, but deft some broken bottles in and around the room. When she was spoken too she started to shout saying that the staff had gotten rid of three managers already and would get rid of the present one.

• iii. Someone else was called to do the job of cleaning the glass and Ms. Havercombe was asked to quiet down. Mrs. Suttie claimed she then left for town and on her return wrote a letter of dismissal but the worker had already left the workplace for home. In view of the dismissal the worker was compensated as follows: -

  • 1 week's pay in lieu of notice

  • 3 weeks holiday pay

  • 3 days she had worked.

Facts Finding:

• i. The worker had been employed for 13 months as a maid at Runaway Bay Hotel. She was dismissed by letter dated January 28th 1978.

• ii. There were several occasions on which the worker received short pay when she collected her pay packet.

• iii. On the week ending January 26th 1978 the worker did not accept her pay packet but returned to inquire about why she was short paid.

• iv. The worker was told to clean Mrs. Suttie's room and an argument resulted in reference to whether she had done it or not.

• v. The worker refused to accept a letter handed to...