Liat (1974) Ltd v Thomas

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Lewis, P.
• Judgment Date: 16 January 1978
• Docket Number: No. 4 of 1977
• Date: 16 January 1978

Industrial Court

Lewis, P.; Ford, J. (Member); Caines, J. (Member)

No. 4 of 1977

Liat (1974) Ltd.

and

Thomas

Appearances:

Steve A. Browne (Solicitor) for claimant/employer

30.6.77 Antigua Workers' Union ( D. Halstead) for respondent/employee

24.10.77 & 3.1.78 T. Kendall (Solicitor) for respondent/employee

Labour Law - Dismissal for alleged fraud — Employer failing to prove fraud — Compensation awarded..

Lewis, P.

1 The employee, Arthur Thomas, became a member of the staff of LIAT [1974] Limited (hereinafter called “the company”) on December 25 ^th, 1971. On January 11 ^th, 1977 the employee was performing the duties of Traffic Clerk in the company's office at Coolidge Airport when a passenger, one Mrs. Moore, the wife of the Attorney General of St. Kitts came up to the traffic counter. She had arrived at 10:45 a.m. on Air Canada flight from Trinidad and was most anxious to catch the LIAT flight which was leaving in about 15 or 20 minutes for St. Kitts. An incident took place between herself and the employee was summarily dismissed from the service of the company on January 27 ^th, 1977.

2 The facts relating to the employee's dismissal are set out in a letter dated January 27 ^th, 1977 written to the employee by the company's Area Manager, Mr. Looby. This letter is exhibit CLA-1 and reads as follows:–

“January 27 ^th, 1977

Mr. Arthur Thomas

Willikies Village

Antigua, W.I.

Dear Mr. Thomas;

I have been informed that one of our passengers travelling from Antigua to St. Kitts on LI 550/11 January paid excess baggage charges at Antigua in the amount of $39.65 but that the passenger was not given a receipt to cover the amount paid.

On investigating the matter I found that you were assigned to the check-in position on the morning of January 11 ^th, and that the Passenger Manifest indicated that the passenger travelled Antigua/St. Kitts with four (4) pieces of baggage weighing 30 kilos. Further you prepared an Excess Baggage ticket showing $6.10 as excess charges for 10 kilos excess between Antigua and St. Kitts.

However on checking the flight coupon of the passenger ticket I found that it indicated that the passenger travelled POS/ANU via Air Canada with 4 pieces of baggage weighing 65 kilos for immediate connection (January 11 ^th) to the LIAT flight to St. Kitts.

From the information above and the fact that we are in receipt of a written statement from the passenger advising that she paid $39.65, I have concluded that you calculated the excess charges on 65 kilos (instead of 45 kilos), which amounted to $39.65 at 61c per kilo, and since you have only reported $6.10 you action can only be deemed fraudulent.

As pointed out to you in our recent discussion, this matter is of an extremely serious nature which cannot be tolerated by the company and as such I have no alternative but to terminate your employment from LIAT with immediate effect.

Personnel services have been asked to calculate any monies due to you and forward your final cheque to the above address.

Yours sincerely

E. A. Looby (Signed)

Area Manager — Antigua

KAL/sw

3 From this letter it is clear that the company is accusing the employee of having received $39.65 from a passenger (Mrs. Moore) in respect of 65 kilos of baggage and of having paid the company only $6.10. This is the crux of the company's case as set out in its memorandum and in the letter exhibit CLA-1. It will be observed that in its letter the company alleges that the company alleges that the employee had acted fraudulently, that it regarded the matter as a serious one and as a result had no alternative but to dismiss him from its employment.

4 An allegation of fraud is always regarded as an extremely serious matter in law and in this particular case not only had the employee's means of livelihood been brought to an end by reason of his dismissal of the company but his reputation was at state as a result of the allegation of fraud made against him.

5 In paragraph 3 of his letter Mr. Looby stated that “on checking the flight coupon of the passenger ticket I found that it indicated that the passenger had travelled POS/AUN via Air Canada with 4 pieces of baggage weighing 65 kilos for immediate connection (January 11 ^th) to the LIAT flight to St. Kitts.” In order to support that statement, the company produced a passenger ticket, exhibit CLA-2. This ticket, exhibit CLA-2, when examined shows that the passenger to whom it was issued did have 4 pieces of baggage. The notation A4/64” thereon seems to indicate that the figure A4” relates to the number of pieces of baggage and the weight of the baggage; but whether the latter figures are intended to express the weight in pounds or in kilos is a matter of some doubt. The employee says that as the passenger had travelled by Air Canada the figures A64” would represent pounds avoirdupois rather than kilos as Air Canada is the only airline with which he is acquainted which expressed the weight of passengers' baggage in pounds. The employee correctly pointed out that the ticket exhibit CLA-2 was issued in St. Kitts and was a carbon copy of the original. In these circumstances it may be that the figure A4/64” related to the number of pieces of baggage and the...