Steven v James

• Jurisdiction: Antigua and Barbuda
• Court: Industrial Court (Antigua)
• Judge: Browne, J.,Christian, J.,Williams, J.
• Judgment Date: 10 February 1978
• Date: 10 February 1978

Industrial Court

Browne, J. (Chairman); Christian, J. (Member); Williams, J. (Member)

Steven

and

James

Appearances:

Lockhart & Simon for the employer

Mr. James Tanny Rose for the worker

Industrial Law - Dismissal — Employer's side based their appeal on the points that the Hearing Officer was incorrect in rejecting the testimony of E.P. & Y.J. and accepting the worker's account which was not supported by any evidence, or, that section C60 (1) (e) of the Labour Code did not apply in the case — Hearing Officer's decision was erroneous and the worker should receive only 10 days vacation entitlement of $50.00.

Points of Appeal: the Employer: -

1 The employer's side to the dispute based their appeal on the following points:

• i. The Hearing Officer was incorrect in rejecting the testimony of Evelyn Payne and Yvonne James. He erred holding that their testimony was unreliable on the ground that they were unable to state the exact words exchanged between the employer and the worker. The testimony of these two witnesses and the employer was consistent in all respect, with only minor differences of wording which did not affect the meaning of the statements.

• ii. At no stage of the incident, the employer's side...