Josiah v Eagle Garment Factory Company Ltd

• Jurisdiction: Antigua and Barbuda
• Judge: Browne, J.
• Judgment Date: 28 March 1980
• Court: Industrial Court (Antigua)
• Date: 28 March 1980

Industrial Court

Browne, J. (Hearing Officer)

Josiah

and

Eagle Garment Factory Co. Ltd

Issue: Christmas Bonus

Appearances:

Representing the Company –

Mr. C. M. Cumberbatch, Director Antigua Employer's Federation.

Mr. C. Hadeed, Manager of Eagle Garment Factory Company.

Representing the Employee –

Mr. Bradley, General Secretary (Acting) Antigua

Trades & Labour Union.

Jocelyn Josian (Employee)

Industrial Law - Christmas bonus — Union claimed the company usually paid a bonus to its employees and since the worker had made an input to effect the payment she should be paid the proportionate part of the bonus — Company contended the worker was not qualified — Finding that since the minimum qualifying period for christmas bonus was 11 months service the worker disqualified herself by resigning her employment after working for a period of 10 months.

Employee's Case:

1 The union claimed that Miss Jocelyn Josiah was employed by Eagle Garment Factory Company as garment worker for ten years and she resigned her employment in October 1979 because of bad treatment by the employer. The Union further claimed that the Company usually paid a bonus to its employees in December each year and contended that since Jocelyn Josiah had made an input to effect the payment of the bonus she should be paid the proportionate part of the bonus in relation to the period she worked in1979.

Company's Case:

2 The Company agreed with the Union that Jocelyn Josiah was employed as garment worker for the ten years and resigned her employment in October 1979. The Company denied that the employee was badly treated as stated by the Union. According to the Company the bonus was usually paid to employees the last pay week before Christmas. The Company contended that bonus is not a legal, right but it is negotiable. The Company...