Oilfield Workers Trade Union v Trinidad Food Products Ltd

• Jurisdiction: Trinidad & Tobago
• Judge: Beckles, C.
• Judgment Date: 21 November 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 447 of 1990
• Date: 21 November 1991

Industrial Court

Beckles, C.

Elcock, M.

447 of 1990

Oilfield Workers Trade Union

and

Trinidad Food Products Ltd.

Appearances:

Mr. Paul Eugent Labour Relations Officer for Party no. 1.

Mr. William Thompson attorney-at-law for party no. 2.

Industrial law - Termination of employment — Whether dismissal harsh and oppressive — Dismissal for unsatisfactory performance — Failure to carry out critical test resulting in losses to company — Finding of blunder on part of worker — Finding that the ultimate sanction of dismissal was too harsh — Compensation awarded to worker.

Beckles, C.

1 This trade dispute stems from the dismissal on 26th July, 1982 of Ronald Bhola the worker) a Laboratory Assistant II, from the employ of Trinidad Food Products Ltd. (the Company) whose principal business is the manufacture of a range of milk and cocoa-based products as well as assorted fruit-based beverages for both the local and export markets.

2 The Oilfield Workers Trade Union (the Union) which is the recognised majority union for all the Company's workers challenges the said dismissal as being harsh, oppressive and not in keeping with good industrial relations practices.

3 The Minister's Certificate of Unresolved Dispute in this matter was issued on the 12th April, 1984 but inexplicably never reached this Court until April 19, 1990, when the Union made formal application for the determination of this dispute.

4 This extraordinary delay the Union blamed on the fact that the said certificate of unresolved dispute never reached it until the 22nd February, 1990 despite several inquiries directed to the Ministry of Labour.

5 Be that wait may, the dispute finally came on for hearing before this Court on the 31st October, 1990, and continued on several dates thereafter concluding on June 10, 1991, when judgment was reserved. The Company had dismissed the worker for what it described as ‘unsatisfactory performance’ alleging that he had failed to carry out certain critical tests of milk stored and intended for processing as U.H.T. Milk thereby causing the Company substantial losses totalling $25,221.00 and considerable inconvenience.

6 Testifying for the Union were the worker and Shehab Karanath, former Laboratory Assistant, and for the Company, Tulsiram Jankie, Laboratory Assistant III, and Alex Chin, Quality Assurance Manager.

7 The Union's case as outlined by the worker in essence was as follows:–

The worker had been rostered to work from 12 noon to 2.00 p.m. on Friday 23rd July, 1982 but he had by agreement come out to work at 2.00 p.m. on that day. This was done because he had worked a double shift i.e. 2.00 p.m. to 10.00 p.m. and 10.00 p.m. to 6.00 a.m. commencing the previous day and ending 6.00 a.m. on Friday 23rd July, 1982 a public holiday for the Muslim celebration of Lid Ul Fitr.

8 On arrival at the workplace he was surprised to find that no one was on duty. The Laboratory Assistant, Jankie whom he was scheduled to relieve had left his post unattended contrary to normal procedures.

9 The worker's duties that day included the checking and analysing at intervals during his shift, of the temperature, taste, fat content and other specifics of the milk being received or stored or processed, and the recording of his findings on a prescribed form. However there was nothing to indicate to him teat there was need for any special or specific action to be taken by him in respect of the milk stored in the various tanks. At about 5.30 p.m. another employee asked his whether he knew that the milk stored in Tank 3 had to be standardised. Between 5.30 - 6.30 p.m. he was engaged in milk reception and this took priority over is other duties. By the time he got around to doing the fat content analysis and other standardisation tests on Tank 3 there was a power failure at the plant at about 7.05 p.m. and this situation persisted up to when he left the plant around 8.30 p.m. He was therefore unable to complete the full analysis on Tank 3 because of the power failure.

10 Standardisation is a mathematical calculation used to adjust or readjust the composition of a milk product in a tank and that such an exercise is done if milk does not meet certain specific standards. He agreed that the Production Department must get the green light from the Laboratory before production can commence, and that this is done by way of a signed release form from the Laboratory. The fat content analysis would indicate whether anything needed to be done to the particular product depending on the intended use, and such analysis takes place when the milk reaches the Tank. Temperature and alcohol tests are taken first and recorded in the Analysis Book, further tests to be lone e.g. acidity, fat, content, specific gravity are dependent on whether...