Managers and Supervisors Association of Trinidad and Tobago v Furness and Watson Ltd

• Jurisdiction: Trinidad & Tobago
• Judge: Khan, P.
• Judgment Date: 29 July 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 105 of 1988
• Date: 29 July 1991

Industrial Court

Khan, P.;

Benjamin, M.

105 of 1988

Managers and Supervisors Association of Trinidad and Tobago

and

Furness and Watson Ltd.

Appearances:

Mr. Carlisle Holder, General Secretary, for Party no. 1

No appearance on behalf of the Company.

Statute - Retrenchment and Severance Benefits Act, section 18(3) — Formula for calculating benefit due to worker.

Industrial law - Claim for severance benefits — Worker having 21 years' service — Worker dismissed as result of low level of business due to economic downturn in country — Whether worker entitled to severance benefits — Payment of specific sum ordered to be paid to worker.

Khan, P.

1 Furness and Watson Limited, a member of the Furness Trinidad Group of Companies, terminated the employment of Ulric Abraham (“the worker”) by letter dated 15th January, 1986 which informed the worker in part (in so far as material):

“As you are no doubt aware, the Company is experiencing a very low level of business as a result of the economic downturn in the country at the present time……

It has become necessary that you be given notice that your services will no longer be required with effect from 16th January, 1986. In keeping with standard terms of contract, you are entitled to one (1) month's notice, however, in view of your long service the Company has decided to pay you six (6) month& salary in lieu of notice……

Yours faithfully,

FURNESS AND WATSON LIMITED

G.L. Laurayne

Group Personnel Manager”

2 At the time of the termination of the worker's service, the worker had been employed by the Company as a lift mechanic at a basic...