Watkins et Al v Ryan's Construction

• Jurisdiction: Antigua and Barbuda
• Judge: Prince, J.,De Freitas, J.,Griffith, J.
• Judgment Date: 16 March 1977
• Date: 16 March 1977
• Court: Industrial Court (Antigua)

Industrial Court

Prince, J. (Chairman); De Freitas, J. (Member); Griffith, J. (Member)

Watkins et al

and

Ryan's Construction

Appearances:

Mr. David Jones for the worker

Mr. George Ryan for the employer

Industrial Law - Severance Pay — Management held that the individual periods of employment should not be taken into account for severance pay purposes since their sporadic nature created a situation where none of the workers would have earned severance pay for one year — Union pointed out that the workers' periods of service had been properly established for the Hearing Officer by records presented by the employer — Decisions that the four workers should be paid severance pay at the rate of 1 day's pay for each month or major fraction of their service with interest at 10% per annum.

Points of Appeal, the employer:

Points of conflict: the workers:

Conclusions:

Decision:

1 After giving due consideration to the relevant factors, we now present our majority decision.

• i. The four workers shall each be paid one (1) week's pay in lieu of notice.

• ii. The four workers shall each be paid severance pay at the rate of (1) day's pay for each month or major fraction thereof of their service with Ryan's Construction.

• iii. Interest at the rate of 10 %per annum shall be paid on the severance pay due, to cover the period 6th September 1976 to 6th June 1977.

• iv. The sums ordered are to be paid by 6th June, 1977.

2 N.B. Individual computations of the monies due each worker may be found on the attached sheet.

Cuthbert Prince

Chairman.

St. Lawrence De Freitas,

Member.

3 I do not concur with that part of the Board's decision relating to the method of computing severance pay, since in my view agreements which were in being prior to the enactment of Labour Code should be respected up to the date of implementation of the relevant section of the Labour Code; therefore the method of computing severance pay, in my opinion, should follow the pattern set out in paragraph 23 (severance pay) of the Antigua Workers' Union/Contractors' Association Collective Agreement.

J. A. W. Griffith,

Member.

(a) Alphonso Dowdy: Last weekly wage
i. Aggregate term of employment 4 yrs. 7 months	$ 90.00
ii. Severance pay 55 days x $18.00 per day.	$ 990.00
iii. 10 % interest on severance pay, 6th Sept.1976-6th June 1977	$ 74.25
iv. 1 week's pay in lieu of notice	$ 90.00
Total	$1154.25

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