Magiorie v Buccaneer Cove

• Jurisdiction: Antigua and Barbuda
• Judge: James, J.
• Judgment Date: 29 June 1978
• Court: Industrial Court (Antigua)
• Date: 29 June 1978

Industrial Court

James, J. (Hearing Officer

Magiorie

and

Buccaneer Cove

Appearances:

Joseph Maglorie, Hudson Joseph for the worker

Mr. John Anjo, Mr. Colin Cockburn and Mr. Steve Browne for the employee

Industrial Law - Unfair dismissal — Employer submitted that if a person absents himself from work that he terminates his employment and in excess of 2 days a medical certificate should be presented — Worker stated that having taken ill and being unable to get a message to his employers he did as he was previously instructed — Court found that the fact that no doctor's certificate was even presented before the worker returned to work did not effectively terminate his employment — Dismissal unfair.

Case for the Employee:

Cross Examination:

1 Mr. Browne on cross-examining the worker queried what date the worker actually went to see the doctor and it was established that it was two days after he had take ill. The worker did not inform his employer of his illness and the medical certificate was not taken when he reported for work on December 5th 1977.

2 Mr. Browne charged that at no time was the order of forwarding a certificate after illness ever given to the worker.

Case for employer:

1

During the period of May to November 1977 Joseph Maglorie, the night watchman at Buccaneer Cove had been counselled, on my instructions, by our Manager with respect to his numerous total absences without excuse, in addition to his frequent disappearances during duty hours. 2. During the period of May to November 1977 Joseph Maglorie had been counselled by me on exactly the same points just mentioned, and I further advised him that if these discrepancies kept up we would have to terminate his services. 3. During the period September to November 1977, Maglorie was advised by Management that as an initial disciplinary measure, wages would be withheld from him whenever he was absent for duties without permission of satisfactory excuses. His absences continued and wages were withheld. 4. On 11th November, 1977 Maglorie requested, and was granted 2 weeks extra salary in lieu of vacation. 5. On Friday afternoon 25th November, 1977 Maglorie vas given his salary for November, and was not seen nor heard from again until he appeared for duty at approximately 5:35 p.m. on Monday 5th December. He did not remain on duty the night of 25th November. 6. On Monday 28th November, 1977 I advised all staff that I had leased Buccaneer from 10th December, 1977 and that the new Management were prepared to continue with all staff presently employed under the same terms and conditions of their then present employment. I advised all staff that if I heard from Maglorie before 10th December, I would recommend his continued employment with the new Management. 7. On 30th November, 1977 our day Security, Mr. Stanford Oliver, advised me that on the afternoon of 25th November, Maglorie had given him the key to his locker and said that he was going to Guadeloupe for a few days and requested Stanford to cover for him. Stanford handed me the key to Maglorie's locker and said that he realized the seriousness of Maglorie's actions and confirmed that, in his opinion, Maglorie had terminated his own employment and that the new Management would have no...