Hillhouse v Metal & Wood Furniture Factory

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Browne, J.
• Judgment Date: 08 August 1978
• Date: 08 August 1978

Industrial Court

Browne, J. (Hearing Officer)

Hillhouse

and

Metal & Wood Furniture Factory

Industrial Law - Dismissal — Employee refused to put an apology in writing as requested as a condition of reinstatement and was therefore not reinstated — Held that worker did not honour the agreement and he clearly demonstrated that he did not want to be reinstated — Employer had no obligation to pay him any sum of money in lieu of reinstatement.

Preamble:

1 In accordance with “section B 9 (2)” of the Antigua Labour Code No. 14 of 1975 as amended, the Labour Commissioner appointed me as Hearing Officer to inquire into the circumstances surrounding the alleged unfair dismissal of Mr. Samuel Hillhouse by Mr. Aziz Hadeed of the Metal and Wood Furniture Factory.

2 The matter was referred for formal handling to be heard in accordance with the provisions of Division C Part S of the said Labour Code.

3 The Hearing which was conducted in accordance with “sections B 10 and 11” of the Labour Code took place at the Labour Department on Thursday 17th August, 1978 at 10:00 a.m. Mr. Samuel Hillhouse was represented by Mr. Bercham Greene, Industrial Officer of the Antigua Workers' Union, while Mr. Aziz Hadeed was represented by Mr. Cyril Cumberbatch, Director of Employer's Federation.

Union's Case:

4 The Union stated that Mr. Samuel Hillhouse was employed by Metal and Wood Furniture Factory for three (3) years and four (4) months as an upholsterer on a job basis. His last average rate of pay was $61.50 per week.

5 The Union further stated that on Friday 26th May, 1978 a customer went to the Metal & Wood Furniture Factory to collect a chair, which was taken there for reupholstering. On the same day, Mr. Aziz Hadeed the manager, asked Mr. Hillhouse if the chair was reupholstered but the latter informed the former that the chair was not yet upholstered and that he could not say when it would be re-upholstered since Eulalie Browne could not sew the material for re-upholstering the chair until it was cut by Mr. Cleveland Harris. Mr. Hadeed insisted that Mr. Hillhouse should give him a definite date when the chair would be completed. During the course of the argument, Mr. Hadeed and Mr. Hillhouse raised the tone of their voices. Mr Hadeed shouted, “this shit must stop”. The former then told the latter to leave the premises of the Metal & Wood Furniture Factory and that he should not return. The matter was reported to the Antigua Workers' Union. A representative of the union held discussions with Mr. Hadeed on the matter and requested that Mr. Hillhouse should be compensated for his years of service, but no settlement was reached.

Samuel Hillhouse:

6 In his testimony, Samuel Hillhouse stated that on Monday 29th May, 1978 his stepfather held discussions with Mr. Aziz Hadeed on the matter, The former requested that he (Mr. Hillhouse) should be compensated for his years of service, but Mr. Hadeed suggested that Mr. Hillhouse's stepfather should go to the union.

Employer's Case:

7 Mr. Cyril Cumberbatch said that on 12th May 1978 a female customer took a chair and a sofa to the Metal & Wood Furniture Factory for re-upholstering. The chair and the sofa were re-upholstered and delivered back to the...