Piarco International Airport Restaurant Ltd v Managers and Supervisors Association of Trinidad and Tobago

• Jurisdiction: Trinidad & Tobago
• Judge: Beckles, C.
• Judgment Date: 06 June 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 56 of 1990
• Date: 06 June 1991

Industrial Court

Beckles, C.;

Benjamin, M.

56 of 1990

Piarco International Airport Restaurant Ltd.

and

Managers and Supervisors Association of Trinidad and Tobago

Appearances

Mrs. M. Harper - attorney-at-law for party no. 1.

Mr. D. Patrick attorney-at-law for party no. 2.

Industrial law - Termination of employment — Dismissal for misconduct — Whether dismissal harsh and unjust — Worker alleged to have sold articles to employees contrary to regulations — Worker alleged to have purchased foreign exchange from cashiers for personal use contrary to law — Dismissal not harsh and oppressive.

Beckles, C.

1 The instant dispute centres around the dismissal of Christopher Harewood (the worker) a Senior Supervisor formerly employed with Piarco International Airport Restaurant Limited (the Company) on 30th November, 1988.

2 A Certificate of Unresolved Dispute dated 1st April 1990 was filed in this Court on 10th April 1990 by the managers and Supervisors Association of Trinidad and Tobago (the Association) in accordance with the provisions of section 51(1)(c) of the Industrial Relations Act Chapter 88:01 (the Act), and pursuant to the directions of the court given on 6th July 1990 that parties file their respective evidence and arguments in the matter which eventually came on for hearing on 10th December, 1990.

3 The Union contends that the dismissal of the worker was harsh, unjust, unlawful, unreasonable, unfair, unconscionable and/or wrongful end further that it was not in keeping with the tenets of good industrial relations practices.

4 The worker was accused by the Company of misconduct, to with the selling of articles to employees on the promises of the Company at Piarco, contrary to the Airport Regulations 1987 and the purchasing of foreign exchange from a number of cashiers for his personal use while on duty contrary to the Exchange Control Act Chapter 79:50.

5 The General Manager of the Company Toney Lopez (hereinafter referred to as “the manager”) wrote a confidential memorandum to all staff dated November 30, 1988 and along with it went a memorandum of the same date specifically to the worker.

6 The memoranda read:

“Dated: Nov 30th 1988

It has been brought to my attention today that section 17 Article A and 8 of our Rules and Regulations and section 27 of Rule 7 General I Conduct and Discipline has been seriously violated.

To be more specific, employees have been engaging in trade; buying and selling of goods from fellow employees while on duty.

All those who have engaged in this practice has violated these rules and a full investigation will be launched immediately. Those responsible for this violation will have to answer to me.

The attached memo which has been sent out to the employees is self-explanatory.

It is my understanding that you are the one that has been engaging in this trade. You are off the payroll until this matter is settled.”

7 The worker as a result of the memoranda of November 30th sought an interview with the manager. This took place on December 7th, 1988. Present at that interview mere the managers the worker and the restaurant's industrial relations consultant, Felix Basanta, now deceased.

8 The interview did not produce a satisfactory ending for the worker who thereafter took his problems to the Association. Acting on the worker's behalf, the...