Berger Paints (T'Dad) Ltd v National Union of Government and Federated Workers

• Jurisdiction: Trinidad & Tobago
• Judge: Kahn, C.
• Judgment Date: 22 January 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 109-111 of 1989
• Date: 22 January 1991

Industrial Court

Khan, C.

109-111 of 1989

Berger Paints (T'Dad) Ltd.

and

National Union of Government and Federated Workers

Appearances:

Mr. Joe George, negotiator for Party No. 1.

Mr. Evans Maundy, attorney-at-law for party No. 2.

Industrial law - Contract of service — Termination of employment of three workers — Losses of stock — Company's goods unaccounted for — Dismissal for loss of confidence and unsatisfactory performance — No evidence of unsatisfactory performance — Whether dismissal harsh and oppressive — Award of damages in lieu of reinstatement.

Kahn, C.

1 These trade disputes were heard by His Honour Mr. Hamilton Johnson and me. His Honour Mr. Johnson retired from the bench of this Court on 31st December, 1990. It is, therefore, my responsibility to deliver this judgment which I do in accordance with section 7(5) of the Industrial Relations Act, Chap. 88:01 (“the Act”).

2 These three trade disputes between the National Union of Government and Federated Workers (“the Union”) and Berger Paints Trinidad Limited (“the Company”) arose as a result of the dismissal from the Company's service of Bernard Mendez, Carl Comes and Aziz Hosein (hereinafter referred to collectively as “the workers” and individually as “Mendez” “Gomes” and “Hosein”). The Company first suspended the workers on 5 August, 1988 and later dismissed them on 11th August, 1988 with pay in lieu of notice. The reason for their suspension and ultimate dismissal from the Company's service was because of the Company's discovery that it could not account for a considerable quantity of paint from its Port of Spain warehouse. According to the Company's written Evidence and Arguments filed herein, the Company was unable to account for 57,962.75 litres of paint valued at $412,177.13 from its Port of Spain warehouse between 30th June, 1986 and 30th June, 1988. The Company first discovered that shortages of paint had been occurring in its Port of Spain warehouse in June, 1986 and these shortages increased with every subsequent Six-monthly audit of paint stocks.

3 On 2nd august, 1988 the Company appointed Mr. Frances Ward, the Company's Personnel Manager as Chairman of a Committee (“the Ward Committee”) to enquire into the losses of stocks in respect of the period January to June, 1988.

4 The full text of the Memorandum appointing the Ward Committee is as follows:

“To: F. Ward Dated; 2/8/88

Subject: RE STOCK LOSSES JANUARY-JUNE 1988

Copies to: All Managers

In my memo, of 21/7/88, I listed a number of items for immediate action. I now refer specifically to item (lb) Internal Investigation. Following the visit by officers of the Criminal Investigation Department, it his become more imperative that a full fledged internal investigation be conducted with greatest of urgency. A two-man committee has therefore been formed. To this end, this memo authorises you to conduct said investigation in the capacity of Chairman. Mr. Ray Persaud has been assigned as the other member. You would need the services of a confidential secretary.

TERMS OF REFERENCE:

• 1. To seek out all possible information which would lead you to conclude:–

  • a) Whether the deficiencies were caused by legitimate means i.e. improper documentation and faulty recordings etc.

  • b) If illegitimate, the person/s who orchestrated the disappearance of the stock in question,

• 2. To recommend appropriate action based on your findings.

• 3. In order to garner pertinent information, you may, during normal working hours, interview employees who are responsible for and/or concerned...