Vauxhall High School v Union of Schools' Agricultural & Allied Workers

• Jurisdiction: Jamaica
• Judge: Wright, Q.C, C.
• Judgment Date: 28 April 2015
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 53/2013
• Date: 28 April 2015

Industrial Disputes Tribunal

Wright, C.; Hall, M.; McNish, M.

IDT 53/2013

Vauxhall High School

and

Union of Schools' Agricultural & Allied Workers

Employment Law - Industrial dispute — Termination of employment — Dismissal — Allegations of larceny and gross misconduct — Police investigation — Whether disciplinary procedures fair in all circumstances — Dismissal found to be justifiable.

Wright, Q.C, C.

REFERENCE:

1 B. letter dated December 11, 2013 the Honourable Minister of Labour and Social Security pursuant to Section 11 A(1)(a)(i) of the Labour Relations and Industrial Disputes Act (hereinafter called the Act”), referred to the Industrial Disputes Tribunal for settlement in accordance with the following Terms of Reference, the industrial dispute described therein:–

2 The Terms of Reference were as follows:

“To determine and settle the dispute between the Vauxhall High School on the one hand and the Union of Schools' Agricultural & Allied Workers on the other hand, over the dismissal of Ms. Claudette Burton.”

DIVISION:

3 The division of the Tribunal which was selected in accordance with Section 8(2)(c) of the Act and which dealt with the matter comprised:

Mr. Norman Wright, Q.C. — Chairman

Mr. Rion Hall, J.P. — Member, Section 8(2)(c)(ii)

Mr. D. Trevor McNish — Member. Section 8(2)(c)(iii)

REPRESENTATIVES OF PARTIES:

4 The School was represented by:

Mr Christopher Honeywell — Attorney-at-Law & Chairman of the School Board.

5 In attendance were:

Miss Ellen Ritchie — Bursar

Mr. Andrew Silburn — Teacher

6 The Union was represented by:

Mr. Keith Comrie — General Secretary

7 In attendance were:

Ms. Claudette Burton — Aggrieved Worker

SUBMISSIONS AND SITTINGS:

8 A Brief from the Union of Schools Agricultural and Allied Workers (USAAW) and minutes of Vauxhall's Personnel Committee meetings of January 28 and February 1, 2011 were submitted by the parties and oral submissions made during eight (8) sittings, from August 18, 2014 to January 23, 2015.

BACKGROUND TO THE DISPUTE:

9 The Vauxhall High School held its Annual Staff Christmas Function at the Mona Visitors Lodge, Mona Campus UWI, on December 16, 2010. During the course of the evening's proceedings and returning from the dance floor, the Bursar, Miss Ellen Ritchie raised an alarm that her purse/pocket book which she had left on the table where she was sitting before, was missing. Several enquiries were made and the area searched but to no avail. When questioned, the waiters who had served the meals and who were responsible for the clearing of the tables, all claimed they did not see the purse. They however, indicated that they had seen a lady dressed in a black outfit and having a “scandal bag “in her hand, seated at the table at some time. From the description it was determined that it was one of the ancillary workers, Miss Claudette Burton.

10 Miss Burton, who was outside at this time was summoned but when asked if she had seen or taken the purse, denied both. She explained that she had wanted to leave and had gone into the bus which transported them to the venue in pursuit of having the driver taking her home. The search then continued outside and into the bus. Attendant to this, it was established that amongst the contents of the purse were Miss Ritchie's car and house keys, cell phone and cash. Consequently it was decided to call the cell phone to see if the purse was anywhere around. On doing so, the phone was heard ringing in nearby bushes which led to the finding of the purse.

11 Despite a warning cry from Mr. Silburn and other staff members for no one to touch the purse, Miss Burton picked it up thus negating any incriminating fingerprints. The contents of the purse were verified and it was found that all was intact, except that the cash was missing. The police were called and based on their intervention, the amount of the cash advised missing by Miss Ritchie was found in one compartment of Miss. Burton's bag. The police then invited the parties to the police station, where after further interrogation; they decided to press charges of “simple larceny” against Miss. Burton, who continued to insist that the cash belonged to her, having withdrawn it from her bank account, the day before. Prior to the arrest, however, Miss. Ritchie decided that if the cash was returned to her, she would forgo the police action, in an effort to thwart any embarrassment to the School's reputation and to have the matter dealt with internally, by way of Vauxhall's disciplinary procedures.

12 Consequently, the cash was given to Miss. Ritchie and a formal report made to the school's Principal the following day, December 17, 2010. Miss. Burton was then suspended, pending further investigation. Following the School's investigations, including the convening of two hearings and the submissions of written statements by eyewitnesses, it was concluded that Miss Burton was guilty of “Gross Misconduct” and was dismissed on February 10, 2011, in accordance with Section 25 of the Ministry of Education and Culture, Terms and Condition of Employment of the Non-Teaching Staff Act.

13 The matter was referred to the Ministry of Education by the USAAW, which responded by upholding the school's decision. It was then referred to the Ministry of Labour & Social Security, which failed to obtain a resolution, resulting in the reference to the IDT.

THE SCHOOL'S CASE:

14 The School only submitted copies of minutes of the hearings held before its Personnel Committee on January 28, and February 1, 2011, incorporating reported verbatim evidence from members of staff who witnessed the incident, in substitution of a Brief. Through this, direct evidence and oral submissions, they contended the following:

• • Vauxhall High School Staff held its annual Christmas function on Thursday, December 16, 2010, at the Mona Visitor's Lodge, Mona Campus, of the University of the West Indies, Mona, Kingston 6.

• • After a dinner meal which was served to patrons seated at various tables, several of them went on the dance floor to dance. One such person was Miss Ellen Ritchie.

• • On completing dancing she returned to the table at which she had dined and realized that her ‘gold coloured’ purse which she had left on the table was missing.

• • An alarm was made and several of the other staff members started to assist in searching for the purse. During the search, the waiters were asked if they had seen/removed the purse when cleaning the tables. They responded in the negative and advised, however, that they had observed a “lady” in a black dress and with a scandal bag in hand, sitting at the table with the purse on it.

• • From the description given by the waiters, it was felt that the person was Miss Claudette Burton: however she was not in the area at the time. Miss. Ritchie by this time had made it known that it was Miss Burton who had taken the purse and that she should take it back. Miss Burton returned from outside and denied ever sitting at the table, seeing the purse, or taking it.

• • The contents of the purse is said to include Miss Ritchie's cell phone and another member of staff, a teacher, Mr. Andrew Silburn, decided to call the phone in a further effort to locate the purse. The phone was called inside the building to no avail and having learnt that Miss. Burton was for some time in the bus outside, the search was extended there.

• • The search of the bus and the calling of the cell phone there, revealed nothing. However, while still calling the cell phone outside the bus, in the area of the car park, a ringing was heard in the nearby bushes. An alarm was made and members of staff alerted to the location.

• • The School's nurse, Miss Peart and Miss Burton were the first to locate the purse and having announced that it was seen, Mr. Silburn announced and this was repeated by others. that no one should touch the purse. Miss. Burton, however, picked up the purse and as a result was questioned and reprimanded as to why she had done so, when she would have heard that it should not be touched.

• • By this time the police were on the scene and having been apprised of the matter, accompanied Miss Ritchie to the spot where the purse was located. The purse was checked and the contents found intact, except that the cash was missing. The police took possession of the purse and enquired of Miss Ritchie, as to its contents. She advised that it contained her car keys, house keys, approximately J$1,950 in cash, give or take J$100. This amount was made up of three (3) $500, one (1) $50 and the remainder in $100 bills. It also contained the gate pass and some makeup. Miss Burton's purse was then checked and found to contain J$250 in one compartment and $2050 in another. Of significance was that the $2,050 was made up of the exact denomination as advised by Miss Ritchie. give or take J$100.

• • The police then invited the parties to the police station. Miss Burton and Miss Ritchie and Mr. Silburn. at the request of Miss Ritchie, went to the police station. There the police took statements and advised that they were going to arrest Miss Burton on the charge of simple larceny. At this stage, Miss Ritchie, not wishing to cause the School any...