Bank Employees Union v Republic Bank Ltd

• Jurisdiction: Trinidad & Tobago
• Judge: Beckles, V.P.
• Judgment Date: 27 May 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 112 of 1990
• Date: 27 May 1991

Industrial Court

Beckles, V.P.

112 of 1990

Bank Employees Union

and

Republic Bank Ltd.

Appearances:

Mr. P. Rabathally and Mr. Wayne Corbie, Industrial Relations Officers for party no. 1.

Mr. Martin Daly, Senior Counsel for party no. 2.

Industrial law - Displacement allowance — Claim for payment of displacement allowance to worker on transfer from one branch to another — Transfer effected at worker's request — Worker not qualifying for allowance — Claim dismissed.

Beckles, V.P.

1 The issue in this Trade Disputes centres around the refusal of Republic Bank Ltd (the Bank) to pay to Mrs. Yasmin Affonso a displacement allowance of $500 per month for the period January 8, 1990 consequent upon her transfer from the Arima Branch of the Bank to the Sangre Grande Branch.

2 The Bank employees Union (the Union) the recognised bargaining agent for the bargaining unit to which the worker belongs bee challenged the Bank's refusal alleging that such refusal was contrary to the provisions of the Registered Collective Agreement in force at the time of the transfer of the worker.

3 The article of the Collective Agreement which is relevant to this dispute is Article 14 - Displacement, is reproduced at paragraph 3 of the Union's statement of Evidence and Arguments filed in this matter and reads thus:–

“A worker other than a Travelling officer who is permanently transferred within Trinidad and to an area beyond 25 kilometres from his home base other than at his own request and where the Bank does not provide accommodation shall be entitled to a Displacement Allowance of $500 per month,' Home Base means the Branch at which a worker is first employed.

4 The Union's case simply put is that the worker who was not a Travelling Officer was transferred to Sangre Graazde not at her own request where there was no accommodation provided by the Bank and to a distance more than 25 kilometres from her home base, which was the Port of Spain Branch according to the definition enshrined in the Collective Agreement. The worker was therefore entitled to the Displacement Allowance of $500 per month for the period claimed.

5 The Bank for its part argues that section 14 is inapplicable in the present circumstances because, the article does not contemplate a situation whereas here the worker, transferred from her original home base at her own request acquired as it were a new home base. The Bank contends that in such a situation the...