Henry v Pan Am Base

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Simmons, J.
• Judgment Date: 24 September 1979
• Date: 24 September 1979

Industrial Court

Simmons, J. (Hearing Officer)

Henry

and

Pan Am Base

Appearances:

For the worker:

• (i) Keithlyn B. Smith – General Secretary Antigua Workers' Union.

• (ii) Mr. Bercham Greene – Industrial Officer, Antigua Worker's Union:

• (iii) Mr. Maurice Gomes – Shop Steward.

• (iv) Mr. Conrad Henry – Worker.

(b) For the Company:

• (i) Mr. Cyril M. Cumberbatch - Director, Antigua Employers Federation.

• (ii) Mr. N. T. - PAA Base Manager.

Industrial law - Unfair dismissal — Employer informed the employee about some written complaints concerning his Radio's Music in the Mess hall — Meeting was held about the incident — Worker dismissed — Finding that a less punitive action could have been meted out that would have been satisfactory to both sides — Dismissal unfair.

(4) Witnesses: for tile Company.

(5) Place and Date of Hearing: -Labour Department, 24th September, 1979.

(6) Hearing Officer: - Mr. Lincoln M. Simmons - Labour Relations Officer

(7) Case for the worker:

1 The Union contended that the worker prior to 27 ^th June, 1979 was employed at Pan Am Base as Assistant Commissary Supervisor for the past eight (8) years. On 14 ^th May, 1979 when the worker reported for duty he was called to the Manager's Office and was informed that he was dismissed due to his failure to control an employee in the Mess Hall two days earlier, however; upon intervention of the Union with assistance from the Labour Department, this dismissal was reduced to a two weeks suspension as a compromised settlement the Union said.

2 Continuing, the Union pointed out that this compromise did not last, since within a matter of approximately one month the worker was again dismissed by a gang of collaborators. It was pointed out here that with the dismissal of the fellow employee whom the worker was accused of failing to control, management found it necessary to dismiss Mr. Henry when it was made clear to them what transpired on 10 ^th May, 1979. The Union said, however, to determine this issue the events leading up to the workers recent dismissal must be taken into account. They then introduced their witness.

(8) Witness:

3 Mr. Conrad Henry said that on 24 ^th June, 1979 while performing his duties which included viz: (i) maintaining good standard of food (ii) ensuring that everything runs normal with the other employees (iii) inspecting the service line and (iv) working in the Office. He was in the Office when an RCA employee Mr. D. Barlog looked over the office door and said “Henry turn that shit down, I don't want to hear anymore of that bloody shit”. He said that he was sitting at the typewriter at that time and replied by saying “come and turn it down yourself”. As a result, he was told by Mr. Barlog that he was going to make sure that this would be his last week at Pan Am Base. Nothing else was said, the radio kept on playing. Mr. Henry said there were approximately fifteen other persons in the Mess Hall and none of them had made any complaint about the loudness of the Radio.

4 Sometime subsequently, Mr. R. E. Hainley (Supervisor) entered the room with some guests and was thereupon contacted by Mr. Barlog who said something to him, he (Hainley) then proceeded to the Office and turned down the Radio and returned to his table, nothing was said to him (the worker). At the end of the workday he went into the Office took up the Radio and left for home, the following day was his day off.

5 According to the worker on reporting to work on Tuesday 26 ^th June, 1979 he was contacted by Mr. R. E. Hainley who inquired of him what had happened between himself and Mr. David Barlog in the Mess Hall on the night of 24 ^th June, 1979. He said that he explained to Mr. Hainley what Mr. Barlog had told him and what Mr. Barlog's reply was, he said Mr. Hainley told him that Mr. Mirowsky had received three letters of complaints against him and that he wanted to see him in his Office.

6 Mr. Henry said that he thereupon told Mr. Hainley that he would not go to see Mr. Mirowsky without a witness to hear both sides argument, he said that he (the worker) went and asked Mr. Maurice Gomes (shop steward) to accompany him.

7 The discussion was put off and was rescheduled to be held the following morning (i.e. Wednesday 27 ^th June, 1979) at which time he refuted the allegations levelled against him by Messrs R. F. Gary, D. Barlog and G.M. Cousens, consequently, he was told that he was dismissed.

8 Mr. Henry concluded by saying that during his period of service he had been involved in two other incidents with Mr. Barlog one in August, 1978 and the other in February, 1979.

(9) Cross Examination:

• (1) It was verified that the worker did not speak to Mr. Hainley before or after he turned down the Radio that day, neither did Mr. Hainley speak to him.

• (2) The worker admitted that he was warned verbally and in writing and suspended for failing to carry out his responsibilities.

• (3) The worker could not say for certainty that he was singing but denied that he was whistling.

(9) Cross Examination:

10) Final submission by the Union:

9 The Union submitted into evidence letters signed by Mr. R. E. Hainley, M. G. E. Gary, Mr. G. M. Cousens and Mr. D. Barlog (Exhibits ‘B’, ‘C’, ‘D’ and ‘E’) respectively.

10 In summarizing the workers case the Union said the evidence given by the worker was sufficient to show that Mr. U. Barlog wanted to get even with him and therefore found it convenient to collaborate with Messrs Gary and Cousens to chump up a charge in order to get rid of him (They submitted the letter of dismissal Exhibit ‘A’ into evidence). The Union said that it was clear without a doubt that the signatories of the letters (Exhibit ‘C’, ‘D’ and ‘E’) conspired to get rid of the worker. It was pointed out that the evidence given by Mr. Cousens conflicted with that submitted by Mr. Gary and that both Mr. Hainley and Mr. Cousens statements today also conflicted with their reports submitted to Mr....