Henry v Pan Am Base

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Mr. Theodore Joseph,Mr. Ian Shoul,Mr. William Robinson
• Judgment Date: 16 January 1980
• Date: 16 January 1980

Industrial Court

Joseph, J. (Chairman); Shoul, J. (Member); Robinson, J. (Member)

Henry

and

Pan Am Base

Issue: Unfair dismissal

Appearances:

(i) For Employer:

Mr. C. M. Cumberbatch, Director,

Antigua Employers' Federation,

Mr. N. T. Ray, PAA Base Manager.

(ii) For Employee:

Mr. Keithlyn Smith, General Secretary,

Antigua Workers' Union.

Mr. Conrad Henry (Employee).

Industrial Law - Unfair dismissal — Management claimed employee was dismissed because they thought him negligent in the exercise of his duty when he played his radio loudly in the Mess Hall — Union claimed dismissal was harsh — Board of Review ruled summary dismissal reasonably rash — Awarded $3,780.00.

Composition of Board:

1 Mr. Theodore Joseph – Chairman

2 Mr. Ian Shoul – Member

3 Mr. William Robinson – Member

4 The Management of Pan Am Base claimed that Mr. Conrad Henry Assistant Commissary Supervisor was dismissed from his employment because they thought him negligent in the exercise of his duty when he played his radio loudly in the Mess Hall on 24 ^th June 1979. The Union claimed that summary dismissal was harsh and added that the matter could have been dealt with according to the procedure laid down by the Antigua Labour Code 1975 Section C 61 (2) which provides as follows:–

“Where an employee is guilty or misconduct in or in relation to his employment that is not sufficiently serious to...