Transport and Industrial Workers' Union v Public Transport Service Corporation

• Jurisdiction: Trinidad & Tobago
• Judge: Valere, C.
• Judgment Date: 24 January 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 80 of 1988
• Date: 24 January 1991

Industrial Court

Valere, C.

80 of 1988

Transport and Industrial Workers' Union

and

Public Transport Service Corporation

Appearances;

Mr. S. Taitt, Chief Grievance Officer for Party No. 1.

Mr. G. Gonzales, Industrial Relations Officer for Party No. 2.

Industrial law - Contract of service — Termination — Worker employed as bus driver — Dismissal for gross misconduct and dangerous driving — Enquiry held prior to dismissal — Finding that worker's action in direct contravention to list of instructions for operating staff — Dismissal justified.

Valere, C.

1 This is a dispute brought by the Transport and Industrial Workers' Union (hereinafter called ‘the Union’) against the Public Transport Service Corporation (hereinafter called ‘the Corporation’) over the dismissal of one Budhan Harbanee (hereinafter called ‘the worker’).

2 The matter was heard before myself and His Honour Mr. H. Johnson a farmer member of the court, however Mr. Johnson is no longer a member of the court and therefore this Judgment is now being delivered by me pursuant to the provisions of section 7(5) of the Industrial Relations Act Chapter.

3 The president of the court directed both parties to submit Evidence and Arguments in writing; this was duly complied with and in addition the court received oral evidence from both parties in support of their respective cases.

4 The Union's first witness was the worker. On September 12, 1986, he was rostered to work a shift from 12.57 p.m. to 8.57 p.m. and to operate a bus on the Priority Bus Route from Port of Spain to San Juan and back. He reported at the Beetham Estate depot and was sent to the Port of Spain dispatcher who instructed him to use the Corporation's bus No. 1337 to operate the Port of Spain/San Juan/Port of Spain route. He made the trip to San Juan and then started the return journey to Port of Spain with approximately 20 passengers. Amongst them were about 5 young men who were misbehaving by using obscene language and threatening him'5rhilst.requesting a drop at an unauthorised stop near to a tamarind tree near to the Coconut Growers Association. He told them that that was an unauthorised stop and they would have to get off at the Servol stop or at the Port of Spain terminus.

5 The young men became very abusive using obscene language and threatened to kill the worker: He looked in the rear view mirror and saw the young men standing in the rear of the bus. The worker stopped at the Servol bus stop and let off passengers but the five young men did not get off. He then proceeded towards Port of Spain and about 600 feet to 700 feet after leaving the stop he received a blow at the back of his head and his face hit the steering wheel as a result of which he received a cut over his right eye. He applied the emergency brake and brought the bus to a halt. His written statement to the corporation which was admitted in evidence states: “As I kept on driving towards Port of Spain on reaching between Coconut Growers Association and the Tamarind Tree I got a very hard lash on the back of my head, my face hitting the steering wheel, my mouth bust and a cut over my right eye.”

6 After he brought the bus to e halt he tried to get off from behind the steering but he was continually being beaten but could not see by whom. His eye was covered with blood and he could not see. He then felt a liquid splashed into his face and he started to feel giddy. He next knew that he was at the Beetham Estate depot as someone else had driven the bus there.

7 He then came into Port of Spain where he spoke to the Security Personnel, one of whom asked him for a statement, but he said he could not give a statement in his condition as he was bleeding. He was then taken to the Port of Spain General Hospital where he received medical treatment including stitches to his eye. The following day he was given a medical certificate for seven days and discharged. He took the sick leave certificate and handed to an officer of the Corporation. Later on he was given a further 14 days sick leave and the stitches were removed by a private medical practitioner.

8 When he returned to work he. was sent home end told to report the following day. This he did and he was than handed a letter of suspension in which he was advised that he had been suspended from duty from October 6, 1986 on the following charges:

“GROSS MISCONDUCT

DANGEROUS DRIVING”

• 1) “GROSS MISCONDUCT Whilst on duty on 86.09.12 you were not in a fit and proper condition to work as your breath smelt highly of alcohol and moreover you could not operate bus fleet No. 1337 properly.

• 2) Whilst on duty on 86.09.12 you were involved in a fracas with passengers on board bus fleet No. 1337.

DANGEROUS DRIVING

• 1) Whilst on duty on 86.09.12 you drove bus fleet No. 1337 on a trip from San Juan to Port of Spain in a reckless and dangerous manner much to the discomfort of passengers.”

9 An enquiry was held on October 14, 1986 at which three passengers gave evidence - they were Gleanda John, Carol Sabazan and Randolph Alexis and one other passenger gave evidence on behalf of the worker.

10 As a result of the enquiry the worker was dismissed from the Corporation by notice dated November 17, 1986 on the grounds of gross misconduct and dangerous driving, that is, on the same grounds as specified in his notice of suspension.

11 When cross examined, the worker denied that he had ever been given the Corporation's document entitled “general instructions for operating staff”. He also denied that there were school boys on the bus, but he saw when the 5 young men he referred to enter the bus. It was possible that someone rang the bell for the Sixth Avenue stop but did not get off. He was threatened and cursed by the young men who wanted to get off at the tamarind tree, when he told them that...