St. Kitts –Nevis-Anguilla Bank v Liburd

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Hylton, J.
• Judgment Date: 10 February 1992
• Neutral Citation: KN 1993 HC 4
• Docket Number: 17 and 18 of 1992
• Date: 10 February 1992

High Court

Hylton, J.

17 and 18 of 1992

St. Kitts-Nevis-Anguilla Bank

and

Liburd

Appearances:

Mr. R. Liburd of Liburd and Linda-Butler for plaintiff.

Mrs. Myrla Walvyn and Walwyn for Defendant.

Debt - Claim for money due — Judgment for defendant and amount to be set off against his indebtedness to the plaintiff bank.

Hylton, J.

1 By consent of the partes, the two (2 suits for moneys allegedly due and owing in two (2) overdrawn cheque accounts and counterclaims for moneys allegedly due for services rendered and allowances unpaid were consolidated.

THE BACKGROUND

2 the Defendant commenced working with the Plaintiff's Bank at it's Nevis Branch on 1st April, 1975 and by 31st August, 1990 when he was dismissed, he held the post of Supervisor and was performing the functions of the Manager who had proceeded on leave in March, 1990 and then resigned. At the time when the Defendant's appointment with the Bank was terminated, he had served for 15 year's and 4 months continuously. The Defendant operated two (2) cheque accounts with the Bank No. 10403 and No. 10430 and at 31st August, 1990, the accounts were overdrawn to the extent of $3,876.39 and $1,356.01 respectively.

3 The Plaintiff's Case was two claims for payment of the amounts due on the cheque accounts as at 31st August, 1990 plus interest thereon. The amounts due now standing in the sum of $5,208.20 and $2,084.25 respectively.

4 The evidence in support of the Plaintiff's case was given solely by the present Manager of the Nevis Branch, Mr. Eugene Herbert, who was employed after Mr. Liburd's dismissal. He gave evidence as to what he understood the Bank's policy to be and this differed in significant respects from the Defendant's evidence.

5 According to Mr. Herbert, as Manager he would normally get every other Saturday off, “depending on who is on vacation leave” but “if you are not able to get a Saturday off depending on who is on vacation, you lose the Saturday off”.

6 Mr. Herbert continued that it was further his understanding that “having worked on his Saturday off, a Senior Officer would get another Saturday”.

7 Mr. Herbert stated that he has been with the Bank “for a little over two years”, having come straight from Canada to assume the post of Manager of the Nevis Branch of the St. Kitts-Nevis-Anguilla National Bank Ltd. His evidence was further “my understanding is that a Senior Officer is paid a responsibility allowance and that covers work done on Saturdays and overtime”. Mr. Herbert was obviously speaking about the practice over the last 2 years that he has been Manager of the Nevis Branch.

8 The Defendant's evidence pertaining to the Nevis Branch in this regard however, was that if a Senior Officer such as a Supervisor or Manager was required to work on his Saturday off, he would get another day in lieu thereof and could accumulate such days and take them as vacation leave on application therefor and grant thereof by the Personnel Department of the Bank's Headquarters in Basseterre, St. Kitts. The Defendant stated further in this regard that in 1989, he applied for and was granted vacation in lieu of missed days off. On this aspect the following cross-examination of Mr. Herbert by Mrs. Walwyn is instructive -

QUESTION BY MRS. WALWYN:

“I put it to you that in 1989 the Defendant got two weeks off in lieu of Saturdays he worked?”

ANSWER BY MR. HERBERT

“I don't have such records now, but perhaps I could get them. They may be with Personnel in St. Kitts”.

I accept the evidence of the Defendant over that of Mr. Herbert.

9 Mr. Herbert identified a Booklet shown to him as “This Booklet has conditions of employment for National Bank Group of Companies”. Item 14(J)(i) thereof reads “after 10 years...