Baptiste v L.I.A.T. Ltd

• Jurisdiction: Montserrat
• Court: High Court (Montserrat)
• Judge: Byron, J.
• Judgment Date: 16 March 1983
• Neutral Citation: MS 1983 HC 2
• Docket Number: 15A of 1982
• Date: 16 March 1983

Baptiste

and

L.I.A.T. Ltd.

Byron, J.

15A of 1982

High Court

Industrial Law - Contract of service — Termination — Wrongful dismissal

Held: The plaintiff was in breach of a term of her contract of employment to which reference was made in her letter of appointment. Her actions should not have been viewed as a repudiation of her contract of employment, but the defendant in determining her employment should have applied the terms of the letter and given her three months notice. Judgment for the plaintiff in the sum of $3,090.00.

Facts: The issue was whether the plaintiff had been wrongfully dismissed from her position of manager after being employed for more than eleven years.

Appearances:

Mr. John S. Weekes for the plaintiff.

Mr. M.S. Browne for the defendant.

Byron, J.

1 The plaintiff issued a specially indorsed writ on 17 ^th February 1982 in which she alleged that the defendant company wrongfully dismissed her summarily on 30 ^th October 1982 from her position of Manager after being employed for upwards of 11 years. She claimed damages.

2 The defendant in its defence on 2 ^nd April 1982 alleged that the dismissal was justified because of he misconduct by gross insubordination and insolence to the Chairman of the Board of the defendant's Company who was also Permanent Secretary of the Chief Minister.

3 The facts I found are based entirely on the plaintiff's evidence, as the defendant did not call any witnesses.

4 The plaintiff had been employed by the defendant variously as a Clerk, Supervisor in Reservations Control and Manager of its Montserrat branch having been in the employment of the defendant company for upwards of 11 years, that is to say from around the 24 ^th of November, 1969.

5 The plaintiff was appointed as Manager on 11 ^th July 1978, a probationary period. That letter of appointment contained the following terms inter alia:

“Your salary as of July 01, 1978 will be E.C. 1,100.00 per month. As you will be acquired to provide your own ground transportation to carry out your duties, you will also be given a transportation allowance of E.C. $150 per month and on your substantive position as Supervisor in Reservation Control, Antigua no longer exist s and the company would not be obliged to return to that a position should you prove to be unsuitable in your present position as Manager, Montserrat.”

6 While the plaintiff was in her office in the morning she was called to the telephone and after identifying herself she heard Mr. Ryan's voice say, “Go to the airport and pick up Captain Foster”. She said, “Mr. Ryan why are you shouting like that,” and she added, “by the way, my car is not working.” Mr. Ryan then said “Mrs. Baptiste this is an order” and put down the phone.

7 The plaintiff then checked the computer saw the Captain Foster was booked on a flight for Montserrat that morning. She then telephoned him in Antigua and told him that Mr. Ryan had been nasty to her on the telephone. He told her he could not understand why because he was meeting Mr. Ryan that day. She said O.K. and said “I will meet you at the airport then.”

8 After detailing duties to the staff she took a taxi to the airport and was there to meet Captain Delisle on their arrival in Montserrat. The three of them went into Plymouth by taxi and she escorted them to Mr. Ryan's office. Mr. Ryan was waiting in his office and she introduced them to each other and said that if they needed her assistance she would be in her office. She left them and went back to her office.

9 When she got to her office she found two letters on her desk. The first one she opened was

10 Chief Minister's Office,

11 Plymouth,

12 Montserrat, W.I.

13 28 ^th October 1981

14 Mrs. Edna Baptiste,

15 Manager,

16 LIAT,

17 PLYMOUTH.

18 Dear Mrs. Baptiste,

19 Confirming my telephone request that you meet Captain Arthur Foster, Acting Manager Director LIAT (1979) Ltd. on the 11.10 a.m. flight at Blackburne this morning.

20 I will be waiting to meet Captain Foster and party in my office after their arrival in Plymouth.

Yours sincerely,

(Sgd.) John E. Ryan

John Ryan

Permanent Secretary

Development/Chairman

LIAT Board Directors.

21 And the second letter was

22 Chief Minister's Office,

23 Plymouth,

24 Montserrat, W.I.

25 28 October 1981

26 Managing Director Ag,

27 LIAT (1974) Ltd.,

28 Coolidge Airport,

29 St. John's

30 ANTIGUA, W.I.

31 Dear Captain Foster,

32 Your Resident Manager Montserrat Mrs. Edna Baptiste flatly refused to meet you this morning after I made the request of her to do so.

33 She mentioned her car not working properly but that be as it may. Whether her car is working or not (Taxis are still available in Plymouth) I consider her refusal impertinent.

34 I have had this type of incompetence at Manager level coming out of the local LIAT office one too often. Someone has to take corrective measures in a hurry before the cancerous attitude becomes terminal.

(Sgd.) John E. Ryan

John E. Ryan

Chairman LIAT

Board of Directors

35 Cc:

36 Mrs. Edna Baptiste

37 LIAT Resident Manager,

38 Plymouth

39 Mr. Dave Jardine,

40 General Manager,

41 Marketing,

42 LIAT,

43 Coolidge Airport,

44 ANTIGUA.

45 At that point in time, it must have been clear to the plaintiff that the person to whom the complaint was addressed, namely Captain Foster must have regarded it as being unfounded because he knew that she in fact met him at the airport in a taxi and took him to Mr. Ryan's office. He also saw what happened in the office and would have observed that Mr. Ryan did not advert to the matters of the complaint in her presence.

46 The fact is at the time the complaint as it was framed in the letter was not merited at all and all parties including Mr. Ryan would have realised it by the events which had in fact occurred and which were now known to all concerned.

47 The plaintiff responded in writing as follows:–

48 Plymouth, Montserrat

49 2200/2533

50 28 October 1981

51 Mr. John Ryan

52 Development, Permanent Secretary

53 Chief Minister's Office

54 Plymouth

55 Montserrat

56 Dear Mr. Ryan,

57 Reference is hereby made to your letter of October 28, and your letter of Capt. Foster a copy, which was sent to me.

58 I would very much like to cement into your grey matter that I have no objections whatsoever to meet my Managing Director and more so to ‘flatly refuse’ according to you, to meet him.

59 I mentioned to you that my car was not working well but you had no consideration whatsoever; you were too bent on shouting and commanding me: eventually you hung up the telephone on me.

60 You may wish to familiarize yourself with the book of etiquette and learn to speak to people, even though you may be pressured by some domestic or official problems.

61 Imagine, you invited our dearly beloved Captain and Acting Managing Director and partly total strangers to Montserrat and Decorum did not permit you to meet the goodly gentleman; but rather you sat in your office lounging, awaiting the arrival of your overseas guest.

62 As to what you refer to as incompetence is a matter for you and the English dictionary.

63 I think it is a very good time to examine your horns.

Yours Sincerely,

(Sgd.) E.E. Baptiste c.c. Ag. Managing Director

Edna E. Baptiste General Manager Marketing.

Manager

64 At the time she wrote that letter she knew Mr. Ryan's position as Chairman of the Board and Permanent Secretary of the Chief Minister. She wrote it on LIAT's letterhead and signed it Manager and sent a copy to the Managing Director and Marketing Manager.

65 On my reading of that letter it is insubordinate, and insolent and conduct unbecoming a person in a position of management.

66 The company responded by letter dated October 30, 1981.

67 Mrs. E. Baptiste

68 Manager

69 LIAT

70 Montserrat

71 Dear Mrs Baptiste:

72 I refer to your letter dated 28 October 1981 addressed to Mr John Ryan, Chairman of the Board of LIAT.

73 Your letter is insolent and grossly insubordinate; to a point, in fact, which the Company can neither ignore nor condone and I hereby inform you that you are dismissed from the employ of LIAT with effect from today, October 30, 1981.

74 Yours Truly,

(Sgd.) David A. Jardine

David A. Jardine

General Manger, Marketing

75 c.c Managing Director, LIAT

76 Personnel Manager, LIAT

77 The plaintiff got another job from mid November 1981. It was helping her...