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

• Jurisdiction: Trinidad & Tobago
• Judge: Valere, C.
• Judgment Date: 12 April 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 127 of 1989
• Date: 12 April 1991

Industrial Court

Valere, C.; Johnson, M.

127 of 1989

Oilfields Workers' Trade Union

and

Trinidad and Tobago National Petroleum Marketing Company Ltd.

Appearances:

Mr. G. Rousseau, Labour Relations Officer for party no. 1.

Miss A. Hamel-Smith, Assistant Manager - Industrial Relations for party no. 2.

Industrial law - Contract of service — Termination — Various complaints against worker — Refusal to clock time cards — Persistent late coming and absenteeism — Worker disciplined on 6 previous occasions — Dismissal not harsh and oppressive — Dispute dismissed.

Valere, C.

1 This is a dispute brought by the Oilfields Workers' Trade Union (hereinafter called ‘the Union’) against Trinidad and Tobago National Petroleum Marketing Company Limited (hereinafter called ‘the Company’) over the dismissal of one Earl Cooper (hereinafter called ‘the worker’).

2 The dispute was heard before His Honour Mr. Johnson and myself, but Mr. Johnson is no longer a Member of the Court.

3 Accordingly, this judgment is now being delivered by me in accordance with section 7(5) of the Industrial Relations Act.

4 At directions the President of the court directed the parties to submit Evidence and Arguments in writing. The court also directed the parties to submit a written statement of agreed facts with regard to the time-keeping of the worker, for the month of December 1988 and it also heard oral evidence from both parties.

5 The worker had been employed by the Company from October 13, 1980 until his services were terminated by the Company by letter dated February 3, 1989.

6 The letter of termination reads as follows:

“STRICTLY CONFIDENTIAL 3rd February, 1969

Mr. Earl Cooper,

PRESENT

Dear Mr. Cooper,

TERMINATION OF SERVICES

We refer to an interview on 19th January, 1989 by a Panel comprising the Chief Engineer - Equipment & Transport Maintenance, Assistant Manager - Industrial Relations and the Equipment Maintenance Superintendent. At this interview, you were asked to offer explanations for the following complaints which were lodged against you:

• 1. Your repeated refusal to clock your time-card despite standing written instructions by letter dated 17th June, 1988.

• 2. Your persistent late coming and unacceptable high levels of absenteeism.

In response to the above, you stated:

• 1. Since you had been assigned to shift work, you assumed that it was not necessary to clock your time-card, despite the standing written instructions of 17th June, 1988.

• 2. That your absences were due to your feeling unwell.

We have considered your explanations and wish to inform you that we have found them to be totally unacceptable.

We further wish to record that you have been disciplined on six (6) previous occasions over the last eight years. Also that in May, 1983 and June, 1988, you were placed on notice of summary dismissal for misconduct.

Having regard to the several attempts to rehabilitate you and your persistent misconduct, Management has decided to terminate your services with immediate effect.

All monies due to you shall be forwarded in the usual manner.

Yours faithfully,

For: TRINIDAD & TOBAGO NATIONAL PETROLEUM MARKETING COMPANY LIMITED

/Sgd:/ G.H. SUN

(G.H. Sun) Operations Manager

OM/1, OM/12

AM, AM/1, Employee File

7 As indicated earlier on, both-parties submitted written evidence in support of their respective case. The Company's records showed that the worker was first suspended by letter dated 15th September, 1982 for late arrivals despite warning notices and he was warned that failing improvement, stronger disciplinary action might be taken. Another suspension followed on May 16, 1983 and the worker was warned of summary dismissal.

8 His record shows the following absences over the years.

1982	38	working days
1983	38	“
1984	27	“
1985	25	“
1986	26	“
1987	27	“
1988	24	“
1989 (up to 1 Jan. 17)	1 3/4	“

9 These absences were for a number of reasons, namely, sick leave - certified and uncertified, emergency business leave and absences without permission.

10 In 1984 the Company which was concerned about the worker's frequent absences for illness sent him for a medical examination. By letter dated March 1, 1984, the Company's doctor...