Solomon v Antigua Beach Hotel

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Mr. Cuthbert Prince,Mr. J. A. W. Griffith,Mr. James T. Rose
• Judgment Date: 22 January 1980
• Date: 22 January 1980

Industrial Court

Prince, J. (Chairman); Griffith, J. (Member); Rose, J. (Member)

Solomon

and

Antigua Beach Hotel

Issue: Demotion.

Appearances:

(i) For Employer:

Mr. C. M. Cumberbatch, Director, Antigua Employees' Federation.

Mr. Brian Gonsalves – Managing Director, Antigua Beach Hotel.

(ii) For Employees:

Mr. Hudson Joseph – Industrial Officer,

Antigua Workers' Union.

Mr. Elsworth Solomon (Employee).

Industrial Law - Demotion — Employee was demoted from Headwaiter because the management thought him negligent in the exercise of his duty as Headwaiter when he failed to properly arrange a meeting of the dining room staff — Board ruled employee should be paid $54.50 per week with effect from the date he was demoted as Headwaiter.

Composition of Board:

1 Mr. Cuthbert Prince – Chairman.

2 Mr. J. A. W. Griffith – Member.

3 Mr. James T. Rose – Member.

4 Mr. Elsworth Solomon was employed by Antigua Beach Hotel for more than eleven (11) years. He served as Headwaiter for six (6) years at the basic rate of $68.25 per week. On August 25 ^th 1978, Mr. Solomon was demoted from Headwaiter to Waiter because the Management thought him negligent in the exercise of his duty as Headwaiter when he failed to properly arrange a meeting of the dining room staff on August 25th, 1978.

5 The Board of Review holds that there is inconsistency between paragraph (5) in the Hearing Officer's letter of Clarification of 2 March, 1979 Which reads as follows: –

Paragraph (12) Decision: sub-paragraph (ii), (B) is now amended to read “Reverting him to Waiter, he having failed to display appropriate improvement” and

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