Payne et Al v National Bakery

• Jurisdiction: Antigua and Barbuda
• Judge: Simmons, J.
• Judgment Date: 13 May 1977
• Date: 13 May 1977
• Court: Industrial Court (Antigua)

Industrial Court

Simmons, J. (Hearing Officer)

Payne et al

and

National Bakery

Appearances:

Mr. Bradley T. Carrot for the worker

Mr. Edmond Jarvis for the employer

Industrial Law - Unfair dismissal — Employer stated that he told the workers that if they did not complete the day's work they would have no job — Workers left — Employer concluded that the workers had terminated their own employment — Workers denied this — Finding that the employer acted unreasonably — Dismissal unfair.

Case for the Workers':

1 The workers case were submitted through testimony made by the workers.

Mr. Morrison Payee:

2 Mr. Payee submitted he was employed by the company as a mixing man for two years and six months. On Friday night 12th November, 1976 he reported for duty at approximately 8:30 p.m. and found that there were twenty-six bags of flour on schedule for that night. He went on to state that at 10:00 a.m. the following day when he left for home twenty-four bags were completed. He did not work the Saturday. On Sunday 14th November 1976 on reporting for duty he found that the doors of the workplace locked. Upon constant rapping Mr. Jarvis came to the door and told him that he had no job because he walked off the preceding night. The worker further stated that he went back to see Mr. Jarvis along with Mr. Calvin Adams (foreman) on Monday 15th November, 1976 requesting compensation for his years of service. Mr. Jarvis took them outside and stated that they could take further steps. They both left the workplace.

Mr. Calvin Adams:

3 His testimony was that he had been employed for eight months as a baker by the company. On Friday; night 12th November, 1976 he reported for duty at approximately 8:30 p.m. finding that there were twenty-six bags of flour to be completed between five of them. He went on and stated that he contacted Mr. Jarvis and explained to him that the three over men had left and that himself and Payee would not be able to do that amount of work if they did not return. Mr. Jarvis' reply was that if he was the foreman and arguing about the work. Mr. Jarvis then left.

4 The worker further stated that approximately 1:00 p.m., Mr. Jarvis returned to the workplace and found that they had completed six bags. Mr. Jarvis assisted them in mixing until about 4:00 a.m. the oven men returned during which time twenty bags were completed. The worker stated that on completing twenty-four bags at approximately 10:00 a.m. he contacted Mr. Jarvis and pointed out that they were tired and could not do anymore. Mr. Jarvis retorted that “If you na warn fu do um, you na boun fu do um”. He left the workplace.

5 Finally, the worker stated that on his report for duty on his next scheduled work day (i.e. Monday 15th November, 1976) he was told by Mr. Jarvis that he had no job since himself and Mr. Payee had walked off. He therefore requested that he be compensated. Mr. Jarvis took him along with Payee outside and remarked that they could take further steps. The workers' denied the allegation that Mr. Jarvis said, “if they left they would have no job.”

Case for the Employer:

6 Management submitted that on the 12th November, 1976 he left a list stating that twenty-six bays of...