Amalgamated Workers' Union v Furness Trinidad Ltd

• Jurisdiction: Trinidad & Tobago
• Judge: Sealey, C.
• Judgment Date: 05 March 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 328 and 329 of 1985
• Date: 05 March 1991

Industrial Court

Sealey, C.

328 and 329 of 1985

Amalgamated Workers' Union

and

Furness Trinidad Ltd.

Appearances:

Mr. Basdeo Panday attorney-at-law for party no. 1.

Mr. G. Laurayne General Personnel Manager for party no. 2.

Industrial law - Termination of employment — Dismissal of three workers for discrepancies in records of receipts for sales — Alleged forgeries — Finding that allegation not supported by credible evidence — Dismissal harsh and oppressive — Damages awarded to workers.

Sealey, C.

1 Majid Shah, Frank Mohammed and Philip Christopher were employed by Furness Trinidad Limited (‘the Company’) at the Company's ice and cold storage plant at San Fernando. They were holding the position of iceman when they were dismissed on July 1st, June 28th and July 3rd, 1985,” respectively, on the ground that discrepancies were found in the records of receipts for scales of ice while they were on duty.

2 Frank Mohammed was first employed by the Company in June 1962. At the date of his dismissal was being paid weekly wage of $383.60. Majid Shah began working with Furness Withy and Company Limited, the predecessor Company, in 1951 and worked with the Company until his dismissal. His weekly wage was then $383.60.

3 Philip Christopher was first employed by the Company in 1975. When he was dismissed he was earning $416.00 pet week.

4 As icemen these workers were responsible for the sale and delivery of ice. Deliveries were made either for cash to ordinary purchasers or charged to the accounts of agents. This distinction in categories of purchasers was important as it determined the price: ice was sold to agents or their authorised representatives at $35. 00 per 300-lb blocks, and to other customers at $42. 00 per 300-lb block. Agents or persons acting on their behalf did not pay cash: delivery receipts were signed instead by the agent or person acting on his behalf. Monthly accounts were presented to agents to be settled on the basis of the monthly statements. The daily intake of cash therefore depended upon the number of sales to customers other than agents. There was no established relationship between the total sum of cash received and the sums charged to customers' accounts but the Company claimed that on days when there was an increase in the total number of deliveries there was no corresponding increase in the intake of cash. The Company expected that any increase in the number of deliveries would affect both categories of sales. When this turned out not to be the case, the Manager, Fitz Niles, decided to look more closely into transactions on the sales platform: he noted heavy traffic of persons coming for ice between 3.00 p.m. and 7.00 p.m. but when he examined the books the following morning, although the record of sales and ice delivered balanced, the cash received did not reflect the sales for cash which he said he had personally observed. The receipts issued showed that more ice was sold on credit than for cash. In the course of' checking these receipts the signatures of the persons who had taken delivery appeared to be different from the signatures of agents or authorised persons with which he was familiar. He reported this to the internal auditor who referred the matter to the directors and as a result he (Niles) was instructed to obtain specimen signatures of certain agents and distributors.

5 He obtained the signatures of Paul Mootoo and Roland Mootoo, sons of agent, Mohess Mootoo, as well as those of Hamid Kurban end Debideen Debidath, who also acted on his behalf. Mohess Mootoo at first refused to submit a specimen signature but subsequently his son, Roland, brought to the Company a delivery note used in Mootoo's business with a signature which Roland said was that of his father. Niles accepted it. Niles admitted that he had not seen all the persons whose signatures were submitted actually sign and could not recall the names of those who Fled signed in his presence.

6 On comparison of those specimen signatures Niles rejected as not genuine the signatures which appeared on certain receipts issued by the workers, namely,

No. 46897 dated 11.5.85 with signature - Hamid Kurban

No. 45220 dated 21.5.85 with signature - Hamid Kurban

No. 44915 dated 23.3:85 with signature - Hamid Kurban

No. 43901 dated 23.3.85 with signature - K. Mootoo

No. 46855 dated 10.5.85 with signature - P. Mootoo

No. 44981 dated 28.3.85 with signature - H. Kurban

No. 45016 dated 14.5.85 with signature - K. Mootoo

No. 44677 dated 1.3.85 with signature - M. Mootoo

7 He was satisfied that cash received had not been entirely accounted for and concluded that the workers were able by deception to share the difference between the cash price of $42,00 per block end credit price of $35.00. Niles produced a receipt (No. 45793) issued on June 5 1985 for 20 blocks of ice taken on behalf of Mohess Mootoo. According to this receipt delivery was taken by one K. Mootoo and delivery was made to truck No. TAA 3299. Niles said he was not aware of any “K. Mootoo” as a person authorised by M. Mootoo and moreover he had seen that truck on Mootoo's premises on that day undergoing repairs: the tray of the truck had been removed end could not have been used that day to take deliveries of ice.

8 The Company concluded from all the information it had garnered that the workers had from time to time fraudulently issued receipts purporting to support the delivery of ice to persons authorised by Mohess Mootoo and dismissed them for dishonesty.

9 The Amalgamated Workers' Union (‘the Union’) challenged the action of the Company and sought the reinstatement of the workers on the ground that their dismissal was harsh and contrary to the practice of good industrial relations.

10 Majid Shah testified that he had been employed with Furness Withy and Company Limited, the predecessor of the Company as an ice clerk in 1951. He was familiar with the Company's system for the sale of ice: receipts were issued on request in the case of cash sales; for credit...