B.H. Rose Ltd v Transport and Industrial Workers Union

• Jurisdiction: Trinidad & Tobago
• Judge: Ramchand, P.
• Judgment Date: 05 June 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 185 of 1988
• Date: 05 June 1991

Industrial Court

Ramchand, P.;

Valere, M.

185 of 1988

B.H. Rose Ltd.

and

Transport and Industrial Workers Union

Appearances:

Mr. P. Cezair Industrial Relations Consultant for party no. 1.

Mr. A. Aberdeen President - T.I.W.U. for party no. 2.

Statute - Industrial Relations Act, section 47(2) — Terms and conditions of registered collective agreement deemed to be terms and conditions of individual contracts of employment until changed as provided for in Act.

Industrial law - Collective agreement — Applicable provision — Worker submitting resignation on ground of ill-health — Worker of long service — Worker 67 years old — Whether worker treated as retired at time of submission of resignation — Article 17 — Payment of benefits dependant on worker's reason for severing employment — Other matter affecting issues before Court of Appeal — Judgment reserved pending outcome of appeal — Recommendation that company make ex gratia payment to worker.

Ramchand, P.

1 Wilson James (the worker) who was born in 1919 was employed by B.H. Rose Limited (the Company) from March 15,1950. He sought to resign on medical grounds in January 1987. The Transport and Industrial Workers (the Union) of which the worker was a member had entered into successive collective agreements with the Company which were registered by the Industrial Court but the latest agreement had expired on November 14 1986 and the parties had entered into negotiations for revising the agreement.

2 On November 10 1986, the worker was hospitalized and he underwent surgery on November 12 1986. Thereafter he was given sick leave. The expired agreement provided for up to four (4) months full pay for sick leave to a worker confined to hospital or who was an out patient. On December 18 1986, while the worker was on sick leave the Company informed him that because of depressed conditions in the building industry measures were being taken to reduce overheads and one of these was to request the retirement of employees above the age of 65. The worker received this letter on January 2 1987. He had already attained his 65th birthday in 1984.

3 On January 08, 1987, one of the Doctors attending him advised that he would not be able to continue in employment because of the state of his health consequent upon the surgery he had undergone and accordingly the worker acting on this advice submitted a letter of resignation on grounds of ill health on January 19, 1987, to...