Richards v Liat (1974) Ltd

• Jurisdiction: Antigua and Barbuda
• Judge: Chairman
• Judgment Date: 29 July 1978
• Date: 29 July 1978
• Court: Industrial Court (Antigua)

Industrial Court

Harper, J. (Chairman); Rose, J. (Member); Thomas, J. (Member)

Richards

and

Liat (1974) Ltd

Mr. Keithlyn Smith, for the employee

Mr. Cyril Cumberbatch, Mr. Bass, Ms. Carol Potter and Mr. David Jardine for the employer

Industrial Law - Dismissal — Union submitted that it would not be proven that the worker falsified a medical certificate — Company contended one month's sick leave for an acute onset of gastritis should be viewed suspiciously — Court found the attitude of the worker when asked to produce certain documents to verify her visit to the hospital and her subsequent failure to do so could not be justified by reference to the time given her — Dismissal fair.

Preamble:

1 In view of the request of the Antigua Workers' Union by brief, the Board required both parties to meet. The review took place at the Labour Department on Thursday 29th July, 1978 at 2.00 p.m.

2 The Chairman opened the meeting by outlining the procedure to be followed and in keeping with this the Union was asked to elaborate on the grounds for its appeal.

Case for the Employee:

3 The Union in submitting its case made the following contentions -

• (a) That the Director of Admissions from the Bronx Municipal Hospital Centre was outlining the procedure for a patient to have been treated at the Hospital.

• (b) That it would not be proven that Ms. Richards did falsify the medical certificate

• (c) There was no reason for Ms. Richards to falsify a certificate when she could have obtained one from the original doctor she had visited.

• (d) Ms. Richards was unaware of the investigations surrounding her sick certificate thus the time given her to refute the claim made by the company is unreasonable and her subsequent dismissal is harsh.

• (e) That Ms. Richards was back to work and still under the doctor's care is not unusual.

• (f) Anything could have transpired when the senior employee, Mr. Van Dowe, who was involved in the investigations, visited New York.

• (g) There was no one present who was qualified to suggest what period of leave should be given fur any particular ailment.

• (h) The company believed that the hospital's word must be the truth and employees at all times obeyed instructions.

Case for Employer:

4 Mr. Cumberbatch on behalf of L.I.A.T. made the following submissions:

• (a) Nowhere in the Hearing Officer's report was it stated that the officer accepted that Ms. Richards did visit the hospital.

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