Jackson v The Antigua Public Utilities Authority

• Jurisdiction: Antigua and Barbuda
• Judge: Edwards, J.
• Judgment Date: 14 January 1977
• Date: 14 January 1977
• Court: Industrial Court (Antigua)

Industrial Court

Edwards, J. (Hearing Officer)

Jackson

and

The Antigua Public Utilities Authority

Industrial Law - Dismissal — Employer sent the employee a letter informing him that he was dismissed for stealing lubricating oil — Finding that the employee was seen on previous occasions with a 5 gallon and 2 gallon oil can dripping oil — Dismissed justifiable in the circumstances.

1 Representing Mr. Lesroy Jackson during the hearing was Mr. James Tanny Rose General Secretary of the A. T. & L. U., representing the Authority was Mr. Cyril Cumberbatch, Director of the Employers' Federation and Mr. L. A. Gilkes Public Relations for the Authority. Mr. Rose did not call any witnesses; instead he cross-examined the 3 witnesses called by the Authority.

Employee's Case:

2 Mr. Jackson was employed as a Switchboard Operator by A.P.U.A. from July 1970 to 13th August 1976 when he was terminated. His wage was $94.50c. per week.

3 On the 10th August 1976 Mr. Ramsey, Plant Superintendent had informed him that he was dismissed. Jackson had reported the matter to the union for he was not clear as to why he had been dismissed. As a result of this Mr. Rose had sent a letter immediately to the Authority asking that reasons for his dismissal be submitted in writing (Exhibit A).

4 The Authority replied by letter dated 20th August 1976 advising them Mr. Jackson had not been dismissed but suspended from August 13th 1976 until further notice pending investigation into the lost of lubricating oil at the Cassada Gardens plant (Exhibit D).

5 Mr. Rose again wrote Mr. Gilkes inquiring about the position on the matter by letter dated September 11th, 1976 (Exhibit B). He received no reply and on several occasions between September and October he went to see Mr. Gilkes who told him that the matter was before the police.

6 Everyday almost from the beginning of October 1976 to about the 19th October 1976 Mr. Rose had inquired about the latest development in the matter from Mr. Gilkes of the Authority. Eventually on October 19th 1976 he sent a letter reporting the matter to the Labour Commissioner. At this point of time the Authority sent him a letter informing him that Jackson was dismissed with effect from 13th August 1976 for stealing lubricating oil.

7 Mr. Jackson never took any lubricating oil from the plant and he is claiming reinstatement without loss of pay, plus an apology from the Authority.

Case for the Authority:

8 Mr. Cumberbatch, Director, Employers' Federation led the case for the Authority. He said that they would show by evidence, witnesses and...