Secondary Schools Maintenance Training and Security Company Ltd v Transport and Industrial Workers Union

• Jurisdiction: Trinidad & Tobago
• Judge: Beckles, C.
• Judgment Date: 12 April 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 230 of 1987
• Date: 12 April 1991

Industrial Court

Beckles, C.; Elcock, M.

230 of 1987

Secondary Schools Maintenance Training and Security Company Ltd.

and

Transport and Industrial Workers Union

Appearances:

Mr. W. Thompson attorney-at-law for party no. 1.

Mr. D. Joseph Grievance Officer for party no. 2.

Industrial law - Contract of service — Termination — Dismissal for gross insubordination — Whether harsh and oppressive — Worker having history of chronic misbehaviour — Worker absenting himself without authority — Worker resenting being asked to report to supervisor's office for discussion of his absence — Worker denied union representation at inquiry into allegation of misconduct — Finding that worker suffered no prejudice at inquiry — Dismissal justified.

Beckles, C.

1 The Instant dispute concerns the dismissal on October 13, 1986 of Gary Roxborough (the worker) a Groundsman employed by the Secondary Schools Maintenance Training and Security Company Ltd. (the Company). The worker was employed by the Company from 26th April, 1982 to 23rd October, 1986 when his employment was terminated on the ground of gross insubordination to his immediate supervisor, Mr. Haroon Shah.

2 The Transport and Industrial Workers Union (the Union) which is the recognised majority union for the bargaining unit to which the worker belonged at the time of his dismissal, challenges the said dismissal as being harsh, oppressive and contrary to good industrial relations practices, and demands the reinstatement of the worker without loss of benefits.

3 The Company on the other hand maintains that the worker's dismissal was perfectly justified and was in fact but the culmination of a series of incidents all reflecting a chronic attitudinal problem which the worker had failed to correct despite every opportunity to do so.

4 The Company's line of business includes the maintenance and security of buildings, particularly those owned by the State and at all times material this dispute the worker's work location was the National Stadium situated at Wrightson Road, Woodbrook, Port of Spain.

5 According to the Company the worker had been instructed by Building Supervisor Haroon Shah to perform certain specific tasks on the 23rd September 1986 at the National Stadium. The worker was restored for the 6.00 a.m. to 2.00 p.m. shift on that day, and had spent the period between 6.00 a.m. to noon weeding the playing field at the Stadium as he had been detailed to do. He was then requested by Shah to go to a location situated at the Jean Pierre Complex called the Nursery, and assist a fellow worker in cleaning some potted plants and following that to, again assist in loading on to a trailer approximately 12 of the said plants weighing between 15 and 30 lbs each and destined for the V.I.P. room at the National Stadium where a function was to be held later that day. However around 1.10 p.m. on the said day when the trailer arrived at the Nursery to collect the plants the worker was not present at his post. After vainly trying to locate him, the Building Supervisor had to load the plants on to the trailer with the assistance of the trailer driver and transport them to the Stadium. The worker was next seen about 2.00 p.m. leaving the compound of the Stadium and was asked by Supervisor Shah to explain his whereabouts.

6 His reply did not satisfy the Supervisor who indicated to the worker that he would want to have further discussion with him in the Supervisor's office on the next working day i.e. the 25th September, 1986 the 24th being Republic Day a national holiday.

7 On the morning of the 25th at around 6.25 a.m. the Supervisor met the worker crossing the athletic track at the Stadium and reminded him that he wished him to cone to his office to further discuss the question of his absence from the Nursery on the 23rd September, 1986.

8 The worker bluntly refused to comply with this lawful instruction and instead told the Supervisor there and then that he was not reporting for work on that day but wished to see the Regional Manager, Mr. Junior Logan. As it turned out Logan did not come to the Stadium that day and so the worker remained idle all day. Following a report of :the incident to his superiors by the Building Supervisor, an inquiry into the allegation of insubordination was held on the 13th October, 1986. Present at that inquiry were Mr. Junior Logan, Regional Manager, Mr. Mervyn Chapman, Human Resources Officer, Mr. Harold Sylvester, Maintenance Supervisor. Mr. Haroon Shah, and the worker.

9 At the said inquiry the worker did not deny the allegations made against him but instead set up the defence that the Building Supervisor did not have the authority to tell him where he should report for any further discussion on his alleged insubordination.

10 Management of the Company after taking into account the uncontraverted facts of the current incident, and his history of chronic misbehaviour, decided to terminate his services forthwith, and in fact did so by letter tendered and admitted into evidence and marked “GR 3”.

11 There was also tendered in evidence two letters of reprimand addressed to the worker, and alluding to previous acts of misconduct by him. These were marked GR 1 and GR 2 respectively. The respective letters are quoted hereunder:

1986 February 13

Mr. Gary Roxborough,

SUSPENSION

I refer to your disciplinary interview on 1986 February 12 at the Regional Manager's Office during which allegations brought by your Building Supervisor Ms. Joycelyn Primus on 1986 February 07 were discussed.

Present were Mr. Junior Logan, Regional Manager, Mr. Harold Sylvester, Maintenance Supervisor, Ms. Joycelyn Primus, Building Supervisor and yourself.

You...