Silston v Antigua Beach Hotel

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Mr. Theodore Joseph,Mr. Ian Shoul,Mr. Maurice Christian
• Judgment Date: 18 February 1980
• Date: 18 February 1980

Industrial Court

Joseph, J. (Chairman); Christian, J. (Member); Shoul, J. (Member)

Silston

and

Antigua Beach Hotel

Issue: Unfair Dismissal

Appearances:

(i) For Employer

Mr. C. M. Cumberbatch, Director

Antigua Employers' Federation.

Mr. Brian Gonsalves, Managing

Director of Antigua Beach Hotel

(ii) For Employee:

Mr. Bradley Carrot, Assist. General

Secretary, Antigua Trades & Labour Union

Mr. Wigley George, Industrial Officer,

Antigua Trades & Labour Union.

Mr. Steve Silston (Employee).

Industrial Law - Dismissal — Employee was dismissed for allegedly violating the house rule after oral and written warnings — Union claimed the house rule was not enforceable because it was passed without approval of the Works Committee — Judgment that both parties erred in the matter — Employer ordered to pay employee $2,656.25 for loss of employment.

Composition of the Board:

1 Mr. Theodore Joseph Chairman.

2 Mr. Ian Shoul Member.

3 Mr. Maurice Christian Member.

4 Steve Silston was employed by Antigua Beach Hotel as Maintenance Foreman from sometime in August, 1975 and was dismissed by a letter of 14 ^th August, 1978 for allegedly violating the House Rule after oral and written warnings. The House Rule stated inter alia “all members of staff leaving on the afternoon shift are requested not to board the bus before 4 p.m. naturally if transport arrives late for 4 o'clock shift there will be a waiting period of ten minutes after the arrival of the transport before boarding”.

5 The Union claimed that the House Rule was not binding on the parties, since the Management violated the provisions of Clause 4 (4) of the Antigua Hotel Association Antigua Workers' Union Collective Agreement by enforcing the said House Rule without the approval of the Works Committee....