Tonge v Antigua Public Utilities Authority

• Jurisdiction: Antigua and Barbuda
• Judge: Hearing Officer
• Judgment Date: 25 July 1977
• Court: Industrial Court (Antigua)
• Date: 25 July 1977

Industrial Court

Sampson, J. (Hearing Officer)

Tonge

and

Antigua Public Utilities Authority

Appearances:

Mr. David Jonas for the worker

Mr. Derek Bailey, Mr. Patrick Martin for the employer

Industrial Law - Unfair dismissal — Union opined that the employer had acted unreasonably since having come to the conclusion that he had seen an individual remove a meter, he failed to approach the person on the spot and investigate immediately — Employer submitted that after investigation the worker was dismissed for conduct subversive to the proper order, running and morals of the A.P.U.A. — Decision that it is a serious matter for any unauthorised person to interfere with the metering mechanism of a service, and much more serious when that individual was an employee — Dismissal justified.

Case for the Worker

Case for the Employer:

Testimony of Witnesses: -

Miss Eulalie Henry

1 The witness was the occupier of the house to which the service concerned ran. She had known the worker all her life, and understood him to be a plumber. On Monday 6th June he had been connecting water pipes in the kitchen of the house. She was present in the house all the time while he was at work. He was moving to and fro, and she was unable to see everything he was doing. She did not see the worker remove the meter, something which he had no reason to do since the water had only been connected for 2 weeks. The witness stated that she knew little about plumbing. Referring to the house opposite, she stated that it was possible at that distance to see if someone was removing the meter.

Mr. Dennis O'Garro

• i. The witness stated that he knew the worker well, and knew him to do plumbing work in Urlings Village. On Monday 6th June, while he was being visited at his home by the A.P.U.A. Writer Services Manager and another friend, the witness saw the worker engaged in a plumbing job at the house opposite his. He saw the worker remove the meter from the service, take it behind the house, stayed several minutes, and then return and replace the meter. His companions both saw this. The witness stated that he thought the worker was lengthening the pipe, and that the colour of the meter was blue or green.

• ii. Finally, the witness stressed that he was absolutely sure of what he had seen, and estimated the distance between his home and the meter in question at approximately 30 feet.

Findings:

• i. The worker was employed as a general labourer for 22 years, the latter part of his service being with the A.P.U.A. His last pay was $59.85 per week.

• ii. In the early evening of Monday 6th June he was engaged in some private plumbing work at a house in Urlings Village. The occupant of the house was present at the time.

• iii. While doing the job, also, he was observed by a group consisting of the...