Communication Workers Union v Salvation Army

• Jurisdiction: Trinidad & Tobago
• Judge: Beckles, C.
• Judgment Date: 15 May 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 82 of 1990
• Date: 15 May 1991

Industrial Court

Beckles, C.; Benjamin, M.

82 of 1990

Communication Workers Union

and

Salvation Army

Appearances:

K. Logan and F. Webb Industrial Relations Officers for party no. 1.

No appearance for party no. 2

Industrial law - Termination of employment — Dismissal of worker on ground of economic hardship — Worker paid salary and severance benefits — Whether termination justified — New employee recruited to replace worker — Worker later offered employment at reduced salary — Offer rejected — Failure of claim.

Beckles, C.

1 This Trade Dispute concerns the termination of the services of Andrew Layne (the Worker) by the Salvation Army (the Employer) on the 14th July, 1989 on the grounds of economic hardship, to wit, massive shortfall of income, being experienced by the employer.

2 An unresolved certificate dated May 30, 1990 was referred to this Court by the Communication Workers Union (the Union) on June 8, 1990 under the provisions of section 51(1)(c) of the Industrial Relations Act Ch. 88:01 (the Act)

3 The Parties to this dispute were summoned for Direction on the 3rd September, 1991. On that date no one appeared on behalf of the employer.

4 It was thereupon directed that the summons for direction be adjourned to the 5th October, 1990 with the proviso that should the Employer fail to appear directions would be given in their absence.

5 On the 15th February, 1991 the matter came up invention and report, before the Learned President His Honour Mr. L. Ramchand, and the Employer again not appearing, it was directed that Evidence and Arguments in the matter be filed by the 5th April, 1991, that there be an exchange of the respective Evidence and Arguments by 12th April, 1991 and hearing be set down for 8th May, 1991 at 9.00 a.m.

6 On the 8th May, 1991 there was again no appearance of the Employer neither was there any submission of Evidence and Arguments on or behalf of the said employer.

7 The court being satisfied after an examination of the subject file that service of the Court Directions of February 15, 1991 had been duly effected on the Employer decided that the matter would be heard ex parte. There still being no appearance of the Employer at 9.25 a.m. the court proceeded to hear the matter ex parte.

8 The worker testified as the sole witness for the Union. He stated that he had been employed at the Henry Street Hostel run by the Employer as a night watchman at a salary of $160 per week before deductions. He was first employed on September 13, 1987. By letter dated June 2, 1989 helms informed that his services would no longer be required as from June 30, 1989. The said letter, put into evidence as ALi reads thus -

“ALi”

The Salvation Army,

Working Lads' Hostel,

154A Henry Street,

Port of Spain.

Hr. Andrew Layne, Room 63,

Working Lads Hostel,

154 Henry Street,

Port of Spain.

Dear Sir,

Due to the massive shortfall of income to the Hostel I regret to say that as from June 30th 1989 we will not be able to employ you any more as a Night Watchman.

Presently some residents are owing outstanding amounts which had to be written off as loss.

Sir I do hope that you will understand...