Richards v Liat (1974) Antigua Ltd

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Hearing
• Judgment Date: 01 January 1978
• Date: 01 January 1978

Industrial Court

Edwards, J. (Hearing Officer)

Richards

and

Liat (1974) Antigua Ltd.

Appearances:

Miss Valerie Richards, Mr. K. Smith, Mr. B. Spencer for the worker

Mr. C. Cumberbatch, Mrs. C. Potter, Mr. D. Jardine, Mr. M. Mack for the employer

Industrial Law - Dismissal — Company claimed that the employee falsified a sick leave certificate with the intention of defrauding the company of its contribution to her salary for the month of June — Worker denied this — Ruling that there was at the time sufficient and reasonable grounds for the employer to have brought to an end the employment relationship — Dismissal fair.

Preamble:

1 In accordance with the provision of “section 13 6 (2)” of the Antigua Labour Code as amended this unsettled dispute was referred on 28/11/77 by the Hon. Minister responsible for Labour, for formal handling by Hearing Officer, the dispute to be heard under the provisions of Division C Part 5 of the Antigua Labour Code, the issue being Unfair Dismissal. Hearing commenced on 10/t/78, proceeded on 18/1/78 and 19/1178.

Case for the Employee:

2 The employee's case was led by Mr. K. Smith, General Secretary of the Antigua Workers' Union who sought through the worker to establish the circumstances surrounding her dismissal by the company.

3 The worker stated that she began working with the company on 28/10/68. She was last employed in the capacity of Traffic Agent. She had been granted vacation leave for the period 1/5/77 to 2/6/77 but had been re-questioned by the company to defer her vacation leave to the period 9/5/77 – 11/6/77.

4 On or around the first week in June she took ill in New York and on 4/6/77 by telephone sought to inform the company of her illness. She did not succeed in speaking to her supervisor, Mr. Lesroy Browne but to a fellow worker, Mr. E. Lake. She asked Mr. Lake to convey to Mr. Browne the information that she was ill, she was going to see a doctor, and that in the event that she would not be able to report back for work on schedule would mail a sick leave certificate.

5 On 6/6/77 she went to Doctor Joseph who referred her to the Bronx Municipal Hospital Centre, she went there the same day. At the Hospital she was given a sick leave certificate-Exhibit A (1) which she mailed to Mr. L. Browne sometime during that week.

6 She returned to work on 1st July 1977. No one said anything to her in connection with the sick leave taken, hence she assumed that Exhibit A (1) had been received and accepted.

7 On 19th August 1977 she was summoned to a meeting at which were present Mrs. C. Potter, Mr. D. Jardine, Mr. V. Dove. She was there informed that the company had written the Bronx Municipal Hospital Centre querying Exhibit A (1), and that Mr. V. Dowe had also made on the spot investigations at the Hospital. Management had therefore come to the conclusion that Exhibit A (1) was invalid. To this the worker replied in that meeting that she had found it strange that nothing had been said to her before by Management in spite of the fact that she had resumed duties since 1/7/77. She explained to them that she had heard prior to this that her sick leave certificate was under query. She had therefore approached Mr. V. Dowe who told her that he was not aware that such was the case. Management further pointed out that the Hospital claimed that there was no record of her having been treated there and that if she had been treated there as an outpatient she would have been given a card or a bill. They therefore asked her to produce these documents and refute the Hospital's claim. She told them that she did not have any of these things and she saw no point in refuting the Hospital's claim. Furthermore the investigation had been carried out behind her back. Management advised her that she had until 24/8/77 to refute the Hospital's claim.

8 That same afternoon (19/8/7?) Mr. D. Jardine spoke to her on the telephone and told her he would see her on 21/8/77. It was not until 23/8/77 that Mr. Jardine spoke to her again and told her he was going to St. Maarten but on his return would see her and have the matter straightened out.

9 On 31st August 1977 Mr. Jardine came to see her late in the afternoon at work handed her the letter of dismissal - Exhibit B. She denied the charges made in the letter of dismissal.

10 The worker also stated that she had carried the letter of dismissal to the union, that she got from New York a letter from Dr. H. Joseph certifying that she had been sick during the period in question and was unable to work and that he had referred her to the Bronx Municipal Hospital Centre - Exhibit C.

11 Mr. Smith then concluded his case for the worker by requesting reinstatement if the Hearing Officer found the dismissal to be unfair.

Cross Examination of Witness:

12 Mr. C. Cumberbatch cross-examined Miss V. Richards. It was established that Miss Richards was attended to by a female occupying a receptionist desk at the Hospital. She went for treatment at the Hospital on 6/6/77 and did not return there. Exhibit A (1) was given to her by the woman at the Hospital when she had asked her about the possibility of her obtaining a sick leave certificate to forward to the company for which she worked. She had not noticed that the Exhibit A (1) was undated. She had no bill; no card to show that she had been treated at...