Supplement to the Leeward Islands Gazette

Of Thursday, the 12th of January, 1956.

 

 

 

IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS.

ANTIGUA CIRCUIT.

Suit No. 45/1955.

Between:

JoserpH Rrynorp O’Nkeat and

GERTRUDE O’NEAL

and

Vere Cornwati Birp
Epmunp Hawkins Laker
NoveiLe Ricwarps
Ernest WILitAmMs
Brapiry Carrorr
Joun IrELAND

Levi JOsErH

JOSEPH SAMUEL and
Lionri Hurst

Before:— DATE, J.

Plaintiffs.

Defendants.

HY. ee

K. E. Harney and H. L. Haryry for plaintiffs.

i. Barrow for defendants.

JUDGMENT.

The two plaintiffs carry on business in part-
nership under the name of O’Neal’s Drug Store
at the corner of Long and Thames Streets in the
City of St. John; in the adjacent building, at the
corner of High and Thames Streets, the plaintitf
Gertrude O’Neal also runs a curio shop.

All the defendants, with the exception of
Joseph Samuel, are members of the Executive
Committee of The Antigua Trades and Labour
Union, a union registered under the Trade Unions
Act, 1939.

The plaintiffs’ Indorsement of Claim is for
(1) an injunction restraining the defendants, their
servants and agents from unlawfully watching
and besetting the business places of the plaintiffs;
(2) damages for injury to the plaintiffs’ trade by
conspiracy in pursuance of which unlawful means
were used.

Before coming to the other pleadings I will
set out a general history of the case to provide
the appropriate background to the issues which
have now been joined between the parties to
this suit.

In May 1949 one Avery] Winter was employ-
ed as a clerk at the Drug Store on a weekly basis.
She continued working there until Saturday 11th
June, 1955, when she was summarily dismissed
by the plaintiff Gertrude O’Neal and paid one
week's wages in lieu of notice; no reason was
given for the dismissal.

Sunday 12th June was, of course, a dies non.

On Monday 13th June the defendant Ireland,
a Field Officer of The Antigua Trades & Labour
Union of which Miss Winter is a Member, went
to Miss O’Neal and asked for the reasons for
Miss Winter’s dismissal. Miss O’Neal refused to
give any. Thereupon, according to Miss O’Neal,
Mr. Ireland demanded one year’s pay for Miss
Winter, and this also was refused.

Representations were then made by the
Union to the Labour Commissioner of Antigua
about Miss Winter’s dismissal, and conciliation
meetings under his chairmanship were held at the
Labour Department between representatives of
the Drug Store and representatives of the Union
on 28rd June and 7th July. At both meetings
the Union’s representatives asked for the reinstate-
ment of Miss Winter. The representatives of the
Drug Store said that in dismissing Miss Winter
without giving reasons and paying her a week’s
wages in lieu of notice they were acting within
their legal rights, and that they were not prepared
to consider the claim for reinstatement. At the
second meeting a written undertaking was signed
by Miss Winter to the effect that nothing said
there would be used by her in any case of slander
or libel; the representatives of the Drug Store
then stated five reasons which they said were
the only reasons for the dismissal. These were
examined and severely criticized by the Union’s,
representatives, who expressed the view that they