Jarvis v Pan Am Base

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Simmons, J.
• Judgment Date: 12 September 1979
• Date: 12 September 1979

Industrial Court

Simmons, J. (Hearing Officer)

Jarvis

and

Pan Am Base

Appearances: -

(A)For the worker:

• (i) Mr. Bercham Green – Industrial Officer Antigua Workers' Union

• (ii) Curtane Jarvis.

(B) For the Employer:

• (i) Mr. C. M. Cumberbatch – Director, Employers Federation

• (ii) Mr. L. Mirowsky – Base Operations Manager

• (iii) Mr. Norman Ray – Acting Base Operations Manager

Industrial Law - Unfair dismissal — Supervisor heard a noise in the Mess Hall, entered the room and told the employee that he was fired, and this was later confirmed by letter that day — Finding that the supervisor sought to dismiss the worker and did not stop to consider the reasonableness of the actions — Dismissal unfair.

(4) Witness: -

For the workers: -

1 Mr. Conrad Henry Former Assistant Commissary Supervisor.

For the Employer: -

2 Mr. Dick Hainley - Commissary Supervisor.

(5) Place and Period of Hearing: -

3 Labour Department, August 9 ^th – September 12 ^th, 1979.

(6) Hearing Officer: -

4 Mr. Lincoln M. Simmons – Acting Labour Relations Officer

(7) Case for the Worker:

5 The union stated that the worker had been employed at Pan Am Base for the past twelve (12) years. On 10 ^th May, 1979 the worker, his assistant supervisor (Mr. Conrad Henry) along with some co-workers were discussing a pay packet, which the worker had received two days before. During the discussions the supervisor (Mr. Dick Hainley) entered the room and told the worker that he must pick up his pay packet the following morning (i.e. 11 ^th May, 1979). The union continued by stating that later that same afternoon (i.e. afternoon of 10 ^th May) the worker received a letter (exhibit ‘C’) terminating his services.

6 The union argued that management acted unreasonable to single out the worker and dismiss him. It was emphasised that the worker's assistant supervisor was in the process of explaining to the worker that the Accounts Department had made an error by giving him a week's pay for the week, which he had been suspended and was seeking to get the worker to refund this money. The union said that it was because of the various voices that were raised during this discussion why the loud noise was made.

7 They pointed out that the fact of the argument was never sought by the worker's supervisor. Finally the union said that contrary to the letter of dismissal the worker along with those present on that day denied that the worker was delivering a sermon. The union submitted letters of warning and suspension dated 17 ^th

8 January, 1979 and 27 ^th April, 1979 respectively.

9 (Exhibit ‘A’ and ‘B’)

10 The union is claiming reinstatement without loss of pay.

(8) Witness:

Mr. Conrad Henry – Assistant Commissary Supervisor:

11 Mr. Henry stated that on 10 ^th May, 1979 he was called by the Base Accountant who told him that the Accounts Department had over paid Mr. Curtane Jarvis. He said that she asked him to go to Mr. Jarvis and ask him if he could refund the money, according to him he said he asked Mr. Jarvis about being overpaid and his reply was that he get his regular pay. Mr. Henry said that be reminded Mr. Jarvis that he got one week off without pay, to which Jarvis' reply, was that he did not check his money, however, he got his regular pay and he did not do anything to get a week off. Mr. Henry said that he again asked Mr. Jarvis to refund that money but he wets told that he did not have any money to refund to which Henry told Mr. Jarvis “well you would have to get the money and refund it to the Base Accountant”. Jarvis said, “I finish using the money and I cannot give it back”.

12 Mr. Henry continued that he went back to the Base Accountant and told her what Mr. Jarvis had said. Her comment to him was Jarvis could loose his job but she did not want anyone to loose their job so she will put it in herself. Mr. Henry stated that he told the Accountant that Jarvis would have to refund the money and that he (Henry) way going to call Mr. Hainley. He said the Accountant told him not to do so because she did not want the Manager or Mr. Hainley to know anything. Mr. Henry said that he told her that he would then again go over to Mr. Jarvis and try to persuade him. He said that while speaking to Mr. Jarvis a co-worker overheard the conversation and said to Jarvis “you mean you are a Christian and you don't want to give back the money”.

13 Mr. Henry said that in a few minutes all the fellow workers who were on duty that day began passing various remarks about Mr. Jarvis, which resulted in a loud noise. Few minutes afterwards Mr. Hainley entered the room and pointed to Mr. Jarvis and, said “Jarvis pick up your money in the morning you are fired”. He said that Mr. Hainley did not inquire of him (Henry) the reason for the noise and further he thought that the worker was dismissed for refusing to refund the money on the assumption that this was brought to management's attention by the Base Accountant.

14 Mr. Henry continued to state that on the Tuesday preceding the dismissal he was called to Mr. Mirowsky's Office and was told that he was present when Mr. Jarvis was making noises, shouting Hallelujah. He said he told the Manager that Jarvis...