Transport and Industrial Workers' Union v B.H. Rose Ltd

• Jurisdiction: Trinidad & Tobago
• Judge: Beckles, V.P.
• Judgment Date: 28 February 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 22 of 1990
• Date: 28 February 1991

Industrial Court

Beckles, V.P.; Benjamin, M.

22 of 1990

Transport and Industrial Workers' Union

and

B.H. Rose Ltd.

Appearances:

Mr. O. Joseph Grievance Officer for party no. 1.

Mr. P. Cezair, Industrial Relations Consultant for party no. 2.

Industrial law - Collective Agreement — Severance payments — Whether provisions improperly applied regarding three workers — Breakdown in negotiations for new collective agreement — Lockout action by company — Judgment reserved pending determination of another matter brought before the court.

Beckles, V.P.

1 This trade dispute concerns a complaint by the Transport and Industrial Workers' Union (“the Union”) that B.H. Rosa Limited (“the Company”) has improperly applied the severance payments provisions applicable to three members of the relevant Bargaining Unit viz. Messrs. Mohan Barran, Harold Prescott and Krishna Seecharan (“the Workers”) under the terms of an expired registered Collective Agreement for the period November 1983 to November 1986. These workers were retrenched by the Company on March 23rd, 1989, Written Evidence and Arguments wore submitted by both parties to this dispute and the facts adverted to therein are not in dispute, and may be briefly summarized as follows

2 Following a breakdown in negotiations for a new Collective Agreement covering the period November 1986 - November 1989 the Company locked out its workers on September 27th, 1988. The workers and the Union were informed in writing of the terms and conditions which the Company was seeking to enforce, among them being that severance payments would henceforth be paid in accordance with the provisions of the Retrenchment and Severance Benefits Act No. 32/85. The disputed term as stated in the document filed by the Union and agreed by the Company reads thus:

3 SECTION 7: “In cases of redundancy or retrenchment, any employee who has completed one year service shall receive pay in accordance with Act 32 of 1985.”

4 On January 9, 1989 the workers reported for duty at the Company's premises on their Union's instructions. The Union had requested the honourable the Minister of Labour by letter of the same date to refer the matter of the breakdown in negotiations to the Industrial Court in accordance with section 61(d) of the Industrial Relations net Chapter 88:01 as amended. The particular provision relied on is reproduced hereunder:

5 The Minister shall refer an unresolved dispute to the...