Caroni (1975) Ltd v All Trinidad Sugar and General Workers' Trade Union

• Jurisdiction: Trinidad & Tobago
• Judge: Beckles, P.
• Judgment Date: 28 February 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 159 of 1989
• Date: 28 February 1991

Industrial Court

Beckles, P.

159 of 1989

Caroni (1975) Limited

and

All Trinidad Sugar and General Workers' Trade Union

Appearances

Mr. A.M. Rawlins - Head Employees Relations for party no. 1.

Mr. H. Andrews, Labour Relations Officer for party no. 2.

Industrial law - Complaint of discrimination — Company refusing to alter status of worker from seasonal to regular worker — Term of agreement — Alleged breach of provision — Five other workers granted change of status — Whether indication of bad faith in dealing with worker — Finding that agreement unenforceable for want of registration — Direction of court that worker's request be given consideration.

Beckles, P.

1 This Trade Dispute concerns the complaint by the All Trinidad Sugar and General Workers Trade Union (the Union) that Caroni (1975) Limited (“the Company”) had discriminated against Mr. Dai Lackhansingh (“the Worker”) worker, contrary to the terms of an agreement arrived at between the company and the Union in 1981 that all seasonal workers satisfying certain stated criteria in terms of service would be made regular.

2 The Union relied on' the said agreement a copy of which was appended to the Company's statement of Evidence and Arguments and tendered and marked S.S.2.

1. CULTIVATION

• (i) All temporary workers who rave worked for 221 days or 85% of days offered in tyro (2) consecutive years will be made seasonal.

All seasonal workers who have worked for 221 days or 85% of days offered in two (2) consecutive years will be made regular, provided the worker is prepared to accept the work offered in the wet season,

2. FACTORIES AND ANCILLARIES

The parties in mutual discussion will determine the establishment for Factories and Ancillaries for crop and wet season and having done so the complement will be filled on the criteria set out above, in addition to length of service. Where candidates are equal in the above criteria choice would be oracle on skill.

For and on behalf of the Union:

For and on behalf of the Company

September 21 ^st, 1981.”

“S.S.2

STATUS OF TEMPORARY AND SEASONAL EMPLOYEES

1. CULTIVATION

2. FACTORIES AND ANCILLARIES

3 The worker testified that he has worked for the Company since 1977. During the crop season he is employed as a Cane Weigher but during the wet season he works as a Frog Hopper Observer. The court learnt that this latter Classification derives from the existence of a programme sponsored by the Government of Trinidad and Tobago but executed by the Company.

4 The programme is of indeterminate duration usually lasting up to October/November in any given year, There have been occasions on which additional funding had to be sought from Government.

5 In August 1984 the worker applied to have his status changed from Seasonal to Regular (Vide R.L.1:)

CANE FARMERS' DEPARTMENT - NORTH

I, RAI LACKHANSINGH Badge no. 80447 a Seasonal employee with Cane Farmers' Department (North) agree to accept regular employment on the condition that I accept work on any section or Department when there is no work available in the Cane Farmers'...