Oilfields Workers' Trade Union v Petroleum Company of Trinidad and Tobago Ltd

• Jurisdiction: Trinidad & Tobago
• Judge: Khan, P.,Ramsubeik, M.,Regis, M.
• Judgment Date: 03 December 2001
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: Trade Dispute No. 176 of 2000
• Date: 03 December 2001

Industrial Court

Khan, P.; Ramsubeik, M.; Regis, M.

Trade Dispute No. 176 of 2000

Oilfields Workers' Trade Union

and

Petroleum Company of Trinidad and Tobago Limited

Appearances:

Mr. Willock Pierre Labour Relations Officer for Party No.1.

Ms. Florence Dukharan Attorney at Law for Party No.2.

Industrial law - Contract of service — Termination — Absence from work — Unauthorised use of company vehicle — Failure to comply with company policy — Whether dismissal was harsh and oppressive.

THE ISSUE GIVING RISE TO THE DISPUTE

1 The issue giving rise to this trade dispute is the dismissal of Reynold Matthew (“the worker”). Petroleum Company of Trinidad and Tobago Limited (“the Company”) dismissed the worker from its employment on November 23, 1998 for –

• • unauthorised absence from work and abandonment of job at approximately 2.00 p.m. on July 29, 1998

• • unauthorised use of Company rented vehicle TAZ 8501 culminating in an accident on the said date

• • failure to comply with Company policy and standing instructions regarding the use of Company vehicles.

THE MATERIAL FACTS WHICH LED TO THE WORKER'S; DISMISSAL

2 The Company employed the worker as a Technical Well Survey Attendant. On July 29, 1998, the worker left his place of employment at approximately 2.00 p.m. using a Company rented motor vehicle. The worker retained the Company's vehicle from 2.00 p.m. to approximately 8.00 p.m. on that night when the vehicle was involved in an accident, resulting in serious damage to the vehicle.

3 The Company's written policy on use of its vehicles

4 So far as material for the purposes of this trade dispute, the Company's written policy on use of its vehicles states -

1

The vehicle is for use on Company's business only. 2. The vehicle is to be parked on the Company's premises at the end of the worker's session unless authorised in writing by the Divisional Manager. 3. In the event of damage to the vehicle, the Company reserves the right to take appropriate disciplinary action against the employee where it has been determined that damage to the vehicle has been the result of unauthorised use or misuse of the vehicle by the employee.

THE WORKER'S TESTIMONY

5 The worker stated that he was authorised to drive a Company vehicle on Company's business. On July 29, 1998, he took himself and other members of his crew to a job in a company's rented vehicle, TAJ 8501. On completion of the job, he returned to his base at approximately 2.00 p.m. and dropped off the other...