Blackman v Jemmott

• Jurisdiction: Barbados
• Judge: Douglas, C.J.,Williams, J.
• Judgment Date: 12 January 1979
• Docket Number: No. 17 of 1975 and 20 of 1976
• Date: 12 January 1979
• Court: Divisional Court (Barbados)

Divisional Court

Douglas, C.J.; Williams, J.

No. 17 of 1975 and 20 of 1976

Blackman

and

Jemmott

Mr. J. C. King for the appellant.

Mr. D. A. C. Simmons for the respondent.

Labour law - Termination of employment — Dismissal

JUDGMENT OF THE COURT:

1 This is an appeal against the decision of the learned magistrate for District ‘E’ in which he refused the relief sought by the appellant in her action for wrongful dismissal – viz. two weeks' pay in lieu of notice and damages in accordance with the provisions of section 46 of the Severance Payments Act, cap. 355A.

2 The magistrate found that (i) the appellant admitted having been spoken to before by the respondent; (ii) the appellant admitted that she failed to carry out her employers' instruction in that she did not clean the shelves every week but every other week; and (iii) on one occasion the respondent asked her to take an hour outside to decide if she wanted to continue in his employ. The magistrate concluded that these incidents amounted to warnings and that her dismissal was justified.

3 On the respondent conceding that there should have been a payment in lieu of notice, the magistrate awarded damages in the sum of thirty-six dollars, the appellant's weekly wage and costs.

4 When the appeal first came on for hearing the court, after hearing argument, directed that the case should be returned to the magistrate for him to hear the defence and make a final adjudication. This was done and the matter again comes before the Divisional Court on appeal, the magistrate having come to the same conclusion as when he first dealt with the matter.

5 The evidence given by the Respondent at the further hearing included the following passage:–

“I was not satisfied with the way she was working. From the beginning of the year I told her I was not satisfied with the way she working, to go outside and take an hour and with that hour decide whether she should continue or not. She came back to me and said that she decided to work and she could do better. I took her back. The work improved but it lapsed back into unsatisfactory condition. I gave her orders to clean shelves every week, she did not. It affected my business. A few days before she was dismissed some boxes of glass were on the shelves. The gift cases were found to be rotting. My sister spoke to her about it. Her attitude towards customers was not satisfactory. On several occasions she would be standing...