Steven v James

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Simmons, J.
• Judgment Date: 07 October 1977
• Date: 07 October 1977

Industrial Court

Simmons, J. (Hearing Officer)

Steven

and

James

Appearance:

Mr. James T. Rose for the worker

Mr. Louis Lochart for the employer

Industrial Law - Unfair dismissal — Worker contacted her employer for money to buy clothes pins — Exchange of words took place — Worker got the impression that she was dismissed — Worker was unfairly dismissed — Worker compensated for her period of employment at $125.00.

Case for the worker-

1 The Union submitted that the worker had been employed for the past five (5) years performing the duties of cooking and washing at a weekly salary of $25.00. On 10th August, 1977, the worker reported for duty as usual. (It was pointed out here by the worker that whenever she reported for duty she was never told what was to be done). She went into the kitchen, got things prepared for cooking, lit the stove and left the kitchen. She then got clothes for washing prepared and started to wash.

2 It was submitted by the Union that at approximately 10:15 A.M. the worker returned to the kitchen to try finish in time for noon, but to her surprise she found that the gas had run out. She immediately reported this to one Everette (a worker in Miss James' Shop) and requested some money to buy coals. It was submitted that Everette checked, found that the gas was empty and therefore gave money to one Lindroy (a boy living with Miss James) asking him to buy some coals. He did not get any coals. As a result, no mare cooking could be done. The worker left and continued washing until noon.

3 In continuing their submissions, the Union stated that upon the employer's arrival for lunch she was contacted by Everette who informed her that no lunch was cooked due to the shortage of gas and coals. The employer said nothing and left for upstairs.

4 The Union slated that the worker then contacted one Yvonne James (the employers sister) requesting a dollar to buy clothespins. The worker was referred to the employer. The worker, therefore, contacted the employer and was told a well-known four-letter word (F--- you). The worker in her reply used the same word and telling the employer that she cannot do that to her (i.e. F--- her). The employer then reacted by saying “Don't stay in here and give me any cheek or else I will kick you in your red behind. Get out! Don't come back, I'm through with you!” The worker left.

5 In concluding their submission, the Union stated that the employer dismissed the worker unfairly and requested compensation for the aggregate period worked.

Case for the Employer:

6 The employer's case were submitted mainly through testimony of witnesses.

Testimony of Althea James:

7 Miss James stated that the worker was employed by her from October 1975 to 10th August, 1977 when she left. She stated that the worker's duties were washing and cooking and that she received a wage of $25.00 weekly. On the 10th August, 1977 she went to work as usual and returned home at approximately 12 noon for lunch.

8 Miss James stated that on approaching the shop she was contacted by Everette who informed her that no lunch was cooked due to a shortage of gas and coals. As a result, she ate some thing from the shop and went upstairs. On reaching downstairs and approaching her car to leave for work the worker contacted her requesting some money to buy clothes pins her reply was “Woman, I'm going to get to kick you out of here.” She went into her car and left.

9 Finally, Miss James stated that on her return from work, she met the worker outside the gallery and the worker began to abuse her. She stated that she was never told that she was dismissed.

Testimony of Mary Friday:

10 This witness stated that she worked with the James's family sometime during 1973 and September, 1975 and at no time during that period was the worker working with Miss James.

Testimony of Everette Baker:

11 Mr. Baker testified that on 10th August, 1977, he was contacted by the worker at approximately 10:00 a.m. requesting some money to buy coals because the cooking gas had finished. He stated that he checked and there was no gas, and he therefore gave money to one Lindroy to buy coals. However, he did not get any. No lunch was cooked. Mr. Baker mentioned also that when Miss James arrived for lunch he told her about it, but she said nothing.

Testimony of Lindroy James:

12 Lindroy James stated that he was sent by Everette to buy coals. On his way he was stopped by the worker, who advised him not to go and buy any coals. However he went but did not get any.

Testimony of Mrs. Evelyn Payne:

13 Mrs. Payne stated that on the day in question she visited Miss Althea James home sometime after 12 o ‘clock, on her arrival she met Yvonne James seated in the shop preparing to leave. Mrs. Payne stated that she asked Miss Yvonne James why she was leaving so soon to which she replied that this was one of the days that Daisy does not cook and that she was going to town to buy her lunch.

14 A short while after, the worker contacted the employer asking for some money to buy clothes pins, that employer's...