Amalgamated Workers Union v Furness Trinidad Ltd

• Jurisdiction: Trinidad & Tobago
• Judge: Beckles, C.
• Judgment Date: 06 February 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 254 of 1987
• Date: 06 February 1991

Industrial Court

Beckles, C.

254 of 1987

Amalgamated Workers Union

and

Furness Trinidad Ltd.

Appearances

Mrs. Norma Maynard Marshall - attorney-at-law for party no.1

Mr. G.L. Laurayne - Group Personnel Manager for party no. 2

Industrial law - Contract of service — Termination — Successor company — Dismissal for sleeping while on duty — Summary dismissal — Worker having fifteen years service — Whether worker given opportunity to explain — Dismissal harsh and oppressive — Order for compensation.

Beckles, C.

1 This dispute is entitled Amalgamated Workers Union (the Union) as party no.1 and the Furness Trinidad Ltd (the Company) as party no. 2 and concerns the dismissal of Jerome McMillan (the worker) from the employ of the Company June 1st, 1987.

2 The Certificate of Unresolved dispute issued by the Honourable the Minister of Labour, Employment and Manpower Resources on December 15th, 1987 lists the parties to the dispute as stated above. Nevertheless in its written evidence and arguments filed in this Court on April 20th, 1990 the Company at paragraph 1 thereof states inter alia the following: “On the 8th April, 1986 Furness Trinidad Ltd ceased to operate the Ice Factory located at Concession Drive, Sea Lots end the Cold Storage Plant located at the By-pass and Naparina Road, San Fernando,

3 And at paragraph 2:- “Furness Ice and Cold Storages Limited (hereinafter called the Successor Company) assumed the operations of the both plants on 9th April, 1986.”

4 Both at the Ministry of Labour and in this Court no objection was raised by either side that the parties before the court were other than as entitled. The court therefore proceeded to hear and determine the dispute on the basis that the parties are as stated on the face of the document file in this matter, and that they have agreed to be bound by the findings of this Court as it pertains to both or either of them.

5 The worker was dismissed by the successor company for allegedly sleeping while on duty. The letter of dismissal, which formed part of the Union's case was formally admitted into evidence, marked (JM 1), and reads:

1st June, 1987

Mr. Jerome McMillan

Dear Mr. McMillan,

This will serve to confirm that you will be dismissed from the services of the Company with immediate effect as a result or your failure to meet your job duties and responsibilities when on Saturday 30th May, 1987 you were found sleeping while on duty.

Accordingly your services are terminated and you ere discharged thereof for cause.

Yours faithfully,

FURNESS ICE AND COLD STORAGE LTD

G.L. Laurayne,

Group Personnel Manager,

6 Mr. William Ferreira, Executive Director of the Successor Company testified that on Saturday May 30, 1987 at about 12 noon he visited the company's that on Saturday May 30th, at about 12 noon he visited the company's plant at Sea Lots on a routine spot-check. He enquired of a Mr. Carty one of the employees there present, about operations generally. He saw the worker lying on a bench with hint hands over his face. He asked of Carty who the worker was, and Carty identified the worker as Jerome McMillan. Carty was then asked who was in the back, (presumably in the engine room located towards the back of the premises and Carty replied that no one was there. He then left in his … and contacted the Personnel Manager, Mr. Laurayne. At no time did the worker stir from his supine position. Mr. Ferreira therefore concluded that he was sleeping....