The University and Affiliated Workers Union v The University of the West Indies, St. Augustine

• Jurisdiction: Trinidad & Tobago
• Judge: Khan, P.
• Judgment Date: 04 March 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 122 of 1990
• Date: 04 March 1991

Industrial Court

Khan, P.; Gafoor, M.

122 of 1990

The University and Affiliated Workers Union

and

The University of the West Indies, St. Augustine

Appearances

Mr. Micheal Castagnes - Attorney-at-law for party no.1.

Mr. W. Iton,- Assistant Registrar, Industrial Relations for party no. 2.

Industrial law - Disciplinary procedure — Worker ordered to proceed on vacation leave — Disciplinary charges against worker — Collective agreement — Provision for disciplinary procedure — Worker sent on leave while investigation conducted — Whether enquiry should have been conducted in absence of worker — Finding that proper procedure not followed — Action taken harsh and oppressive — Damages awarded to worker.

Khan, P.

1 This trade dispute between the University and Affiliated Workers' Union (“the Union”) and the University of the West Indies, St. Augustine (“the University”) ms reported by the Union to the Honourable Minister responsible for the portfolio of Labour on 31st July, 1989. According to the Certificate of Unresolved Dispute issued by the Honourable Minister on 19th January, 1990, the dispute concerns “the ordering of Joseph Lathuillerie, Laboratory Superintendent (‘the worker’) to proceed on one hundred and eighteen and a half (118 ¹/₂) days vacation leave with effect from September 27th, 1989 to March 15th, 1989.”

2 At all material times,' the worker was an employee of the University holding the position of Laboratory Superintendent in the Department of Physics at the University's St. Augustine Campus.

3 The facts material to the University's order to the worker to proceed on vacation leave may be summarised as follows: “On 19th July, 1988, the worker, who had by that time accumulated vacation leave of 1182 working days, applied to the University for 32 days leave from Monday 3rd August to 16th September, 1988. The University refused the worker's application by a letter dated 28th July, 1988, on the ground that:–

• “(y) our Head of Department has advised that there is at present a ‘disciplinary charge’ against you, which is being pursued…”

4 By a Memorandum dated 5th August, 1988, Professor R. Saunders, the Head of the Department of Physics at the University's St. Augustine Campus, informed the worker of the under-mentioned disciplinary charges which were being made against the worker: “You have displayed severe dereliction in your duties by:–

• (1) Failure to submit the confidential report of Mr. D. Girdharrie on time. This report was due in February 1988.

• (2) Failure to submit the confidential report of Mr. R, Seignoret on time. This report was due in September 1987.

• (3) Submission of these confidential reports directly to the Assistant Registrar (Personnel) and not through the Head of the Department.

• (4) Late arrival in the department on a daily basis. In addition you leave the department at your leisure.

These charges are being made in accordance with Article 30 of the subsisting Industrial (sic) Agreement and you are, required to submit a statement or an explanation in your own defence together with statements by witnesses in support of your case within a period of 14 calendar days from the date of receipt of this letter.”

5 The full text of the Article 30 of the Collective Agreement referred to in Professor Sounders' Memorandum of 5th August, 1988, is as follows:

“30. DISCIPLINARY PROCEDURE

No member of staff shall be disciplined except in accordance with procedure set out hereunder:

• (i) Where disciplinary action is contemplated against a member of staff he/she shall be advised in writing of the charge by the Head of Department within a period of fourteen (14) calendar days as from the date of the alleged commission of the offence. In all cases, delivery of this letter must be made by hand with the proviso that any period or periods during which the member of staff is absent from work shall not count as part of the fourteen (14) days.

• (ii) Where the Head of Department fails to charge the member within the period stipulated, no reference is to be made to the offence in any future disciplinary action which may be taken against the member.

• (iii) The Head of Department shall request the member of staff to submit a statement or an explanation in his/her own defence together with statements by witnesses in support of his/her case within a period of fourteen (14) calendar days from the date receipt of the letter from the Head of Department advising him/her of the charge.

• (iv) The Head of Department upon at least three (3) working days notice to the member of staff may hold an inquiry in the matter before proceeding further.

• (v) All the principal parties and witnesses (if any) shall be present at an inquiry and the member of staff may be assisted

• (vi) Copies of ell correspondence relating to matters of discipline of a member as well as any adverse confidential report must be sent to the Secretary of the Union.

• (vii) After receipt of the member's statement or upon the completion of inquiry, the Head of Departments if he is reasonably satisfied that the member is guilty of the offence with which he/she has been charged may issue a warning notice to the member.

• (viii) A warning notice shall be deemed to have expired and removed from the member's file on the completion of six (6) months service from the date of the matter in respect of which it had been issued. A letter stating this expiration and removal shall be sent to the member and the Union (unless the member elects otherwise in writing) within fourteen (14) days of such time.

• (ix) Where in the opinion of the Head of Department, the offence warrants the member's suspension or dismissal, he shall so recommend to the Secretary of the University. Before taking any action on the recommendation, the Secretary shall advise the Union and give them an opportunity to make representation on behalf of the member of staff within fourteen (14) calendar days as from the date of receipt of the Secretary's letter.

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