Kirby v Brother BS Restaurant

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Simmons, J.
• Judgment Date: 24 February 1977
• Date: 24 February 1977

Industrial Court

Simmons, J. (Hearing Officer)

Kirby

and

Brother BS Restaurant

Appearances:

Mr. Hilson Baptiste for the manager

Mr. Baldwin Spencer for the worker

Industrial Law - Redundancy — Worker was laid — off because of (1) his failure to produce his health card and (2) business was slow — Union argued that the employer had not intended to recall the worker and made reference to section C 45(2)(b) of the Labour Code — Union also stated that the request for severance pay was justifiable under the circumstances — Employer submitted that the worker would have been recalled — Worker was redundant — Awarded severance pay and 1 week's pay in lieu of notice.

Case for the Union:

1 The Union in its submission stated that the worker, a cook, has been employed by the employer in June, 1974. On 24th August, 1976 at approximately 2.00 p.m. the worker was contacted by the employer, who inquired about his health card. The worker's reply was that he would present it on his return from lunch the said day. As a result, the worker was told that he should go home until he was recalled. The matter was reported to the Antigua Workers' Union.

2 In continuing its submission, the Union argued that the worker nevertheless reported to the employer two weeks after to inquire into his future employment only to be told the same thing. The Union further argued that discussions were entered into and the Employment had indicated that business was slow, therefore he was unable to employ three cooks. The Union stated that it was pointed out that in those cases the employer should

3 In its final submission the Union argued that employer dismissed the worker because of his health card but had later indicated that there was a lack of business in order to justify his claim to have laid-off the worker. The Union further argued that the employer had not intended to recall the worker, and made reference to “section C 45 2 (b)” of the Labour Code. Finally Mr. Spencer stated that the request for severance was justifiable under the circumstances.

Case for the Employer:

4 The employer submitted that the worker had employed by him in June 1974 as a dishwasher, until he was promoted oh 26th April, 1975 as a Cook. On 29th July, 1976 it was pointed out to all staff members that their health cards were due, and that they should present them the following day, (i.e. 30th July, 1976). The employer further staled that the aggrieved we was the only one who had not presented his, and added that on every occasion the worker was contacted about it he said that it would be presented the next day. The employer stated that the worker had been disobedient. As a result he was laid-off on 24th August,...