Maglorie v Buccaneer Cove Hotel

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Chairman,Member
• Judgment Date: 06 November 1978
• Date: 06 November 1978

Industrial Court

Brown, J. (Chairman); Williams, J. (Member); Christian, J. (Member)

Maglorie

and

Buccaneer Cove Hotel

Appearances:

Mr. Steve Browne for the employer

Mr. Hudson Joseph for the worker

Industrial Law - Appeal against Hearing Officer's decision — Employer appealed contending that the Hearing Officer's decision could not be supported having regards to the whole of the evidence — Board supported the Hearing Officer's decision — Awarded 11 weeks' wages.

Points of Appeal-the Employer:

1 The employer's appeal was based on the following points raised in their brief dated 9th October 1978.

• A. The employee presented himself for work some two days after the period covered by the Medical Certificate.

• B. The (Hearing Officer's) decision (could) not be supported having regards to the whole of the evidence.

• C. If this decision were taken to its logical conclusions, it would mean in fact that an employee could absent himself from work for any period of time without communicating with his employer.

Points of Conflict-the worker:

2 The worker's side submitted the following points in a brief dated 6th November 1978.

• A. A medical Certificate covering the employee's period of illness was presented and it was refused. The employee was only absent from work one day after the period covered by the Medical Certificate and it was and it is quite possible that. the employee was not fully recovered, therefore, he took the additional day in order to recuperate fully, and as a result committed no offence.

• B. The witness' (Mr. Stanford Oliver) statement was refuted and could not be substantiated, but the Hearing Officer's report was so poorly written that it did not bear record of the statement being challenged.

• C. The attention of the Board of Review was drawn to “section C 16 (1)” of the Antigua Labour Code.

Considerations:

• (i) “Section C 16 (1)” of the Antigua Labour Code provides that sick leave taken in connection with actual illness or other physical incapacitation for work must be supported by a medical certificate furnished by the employee upon request of the employer on or after the third consecutive day of any such leave. One effect of this provision is to lay upon the employer the responsibility to require from an employee an explanation for any absence from work.

• (ii) In connection with point (B) of the worker's brief, the Board notes that the witness (paragraphs (7), case for the...