Oilfields Workers' Trade Union v Trinidad and Tobago Oil Company Ltd

• Jurisdiction: Trinidad & Tobago
• Judge: Khan, C.
• Judgment Date: 09 April 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 130 of 1990
• Date: 09 April 1991

Industrial Court

Khan, C.; Pounder, M.

130 of 1990

Oilfields Workers' Trade Union

and

Trinidad and Tobago Oil Company Ltd.

Appearances:

Mr. Bennett Berkely, Assistant Chief Labour Relations Officer for party no. 1.

Mr. Henley Wooding, attorney-at-law for party no. 2.

Industrial law - Trade dispute — Suspension of worker without pay — Alleged unsatisfactory conduct of worker — Worker bringing transistor radio contrary to written instruction — Worker not knowing content of instruction — Worker aware of memorandum prohibiting use of unauthorised radio — Finding that worker failed to prevent use of radio by plugging it into electrical socket in refinery area — Suspension not harsh and oppressive.

Khan, C.

1 This trade dispute between the Oilfields Workers' Trade Union (“the Union”) and Trinidad and Tobago Oil Company Limited (“the Company”) arose because of the suspension of Winston Mc. Neil (“the worker”). The Company suspended the worker without pay for a period of three weeks which began on 5th August, 1988 and ended on 23rd August, 1988. At the time of his suspension, the worker was employed as a Pump Attendant at No. 19 Pumphouse, which was a part of the Oil Stocks Department of the Company at its refinery at Pointe-a-Pierre. The Company suspended the worker for alleged unsatisfactory conduct.

2 The facts material to the suspension of the worker may be summarised as hereinafter stated:

3 On 17th August, 1983, the Company issued a written instruction which was called General Field Instruction No. 95 (“GFI 95”). GFI 95 was issued at the Company's refinery at Pointe-a-Pierre and concerned the use of portable transistor radios and test instruments. Paragraph 1(a) of GFI 95 stated: “Portable radios and tape recorders are not permitted in refinery Plant, Tank Farm or Harbour Areas or any “NO SMOKING” area at Pointe-a-Pierre.”

4 On 7th March, 1988, the Company's Assistant Oil Stocks Superintendent issued the undermentioned circular memorandum, which was addressed to “Oil Stocks Personnel”:

“Subject: TRANSISTOR RADIOS,

G.F.I. No. 95 clearly states that privately owned radios, of any description, are not to be used in operating, tank farm or process areas.

Personnel are asked to desist from this dangerous practice.

Serious disciplinary action will be taken against any one found contravening this G.F.I.”

5 On 3rd June, 1988, the worker brought in a transistor radio wrapped in newspaper to his plate of work at the office hut of No. 19 Pumphouse. The worker was in charge of that office but on that day and he had one assistant, one Kenny Paterson, now deceased, who was also at work at the office hut on that day. The worker has a locker provided by the Company in the office hut or storing his personal and other belongings. There is also a table and stools in the office hut. The worker and his assistant use these stools and table for the purpose of their employment. The office hut is located in an area of the refinery in which there are engines and pumps. The radio could only have been electrically operated. The worker admitted seeing the Company's circular memorandum (supra) dated 7th March, 1988 on 7th March, 1988. The Company had suspended the worker on two previous occasions in the year 1988 prior to this incident concerning the transistor radio for negligence arising out of his work performance.

6 According to the worker's testimony to the court, he had concealed the radio in newspaper to bring it on the Company's premises on the morning of 3rd June, 1988. In answer to the court, he stated that he normally wrapped up everything he brought with him to work in newspaper, and even though he had used the word “concealed” he did not intend to hide the radio. It was his sister's radio and not his and it was not in working condition. He had brought it to give to one Mr. Braxton for repairing. He, however, never gave it to Braxton and took it back with his when he left work on 3rd June, 1988, again wrapped in newspaper. He had only seen GFI 95...