The Industrial Court dismissed an unfair dismissal case brought by the former Human Resources Manager of the American University of Antigua (AUA), Fitzmore Burns, stating that his misconduct was “inconsistent with the fulfillment of the express and implied conditions of service”.
The case stemmed from Burns’ dismissal in June 2015 due to gross misconduct, including failing to complete urgent assignments before vacation leave and not arranging an adequate handover of duties.
Burns argued that he followed vacation procedure and faced challenges causing delays.
However, the court found that Burns had engaged in gross misconduct, leading to the termination of his employment.
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AUA does not follow local Antiguan Labor law, which they are in fact obliged to do given they are operating in the country. They are able to get away with this because of their economic influence with the government. But there is a major scandal here which should be made very public. The contracts offered to faculty, for instance, would not pass any legal test and certainly do not conform to Antigua’s Labor laws. It is time AUA’s labor practices were exposed and they be held to account
Their campus actually borders a military base. They will get away with anything in this country. Only in Antigua.
“9” years for a simple firing case. Your court system is GARBAGE.
@ Arnold, ……. Not so fast Mr. Burns!! Hahaha
Some of the ruling of the industrial court make me wonder if the labour code and labour laws needs reform in regards to what constitute unfair dismissal or fair dismissal.
A case in point…a kitchen assistant in the one of the school cafeteria decided to walk off the job after a discussion a method in preparation of lunch.
The cafeteria staff and operator did not noticed he employee had left until they smell burning oil and realized the employee was not there and saw him walking out the school compound.
The cafeteria operator decided the employee action was a “near miss” that could have endangered the lives of not only the staff of the cafeteria but students and teachers also damage to property.
Conclusion: The industrial court upheld the unfair dismissal….
After such incident do you think the employer should exhaust all effort to contact the employee?
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