Silcott v Grafmueller

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Chairman
• Judgment Date: 22 August 1978
• Date: 22 August 1978

Industrial Court

Prince, J. (Chairman); Thomas, J. (Member)

Silcott

and

Grafmueller

Industrial Law - Appeal against Hearing Officer's decision to summarily dismiss employee found bathing naked behind bushes — Ruling that the employee could and should have used the bathroom facilities provided for use by herself and other employees — Decision of Hearing Officer upheld.

1 The Board met on 22nd August, 1978 at the Labour Department to consider the matter on review as requested by the Antigua Workers' Union in its letter of 11th July, 1978. Following are the conclusions and decision arrived at by the Board.

Majority Decision: Conclusions & Reasons therefor:

• A. The findings of the Hearing Officer are accepted since they are not in dispute

• B. The determination by the Hearing Officer is also accepted since it, too, is not in dispute.

• C. The conduct, of Josephine Silcott in bathing naked behind some buses when proper and adequate bathroom facilities were specifically provided and available for use by her and other employees was sufficient grounds for her summary dismissal. The Board is influenced to the view by the environs in which she worked and the fact she had been working there for over four (4) years. Her action in bathing naked in the sight of other employees, male and female, instead of using the bathroom was indecent. In the Board's view she must have known this and must also have realised that her conduct was unacceptable. Her excuse that the supervisor and herself “were not on terms” is not viewed by the Board as being a logical or acceptable explanation for her indecent conduct. The Board is satisfied that she could and should have used the bathroom facilities provided for use by herself and other employees.

• D. This board therefore upholds the decision of the Hearing Officer.

Majority Decision: Conclusions & Reasons therefor:

C. A. Prince,

Chairman

J. A. E. Thomas,

Member.

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