Trinidad and Tobago Printing and Packing Ltd v Oilfield Workers' Trade Union

• Jurisdiction: Trinidad & Tobago
• Judge: Beckles, C.
• Judgment Date: 06 June 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 41 of 1989
• Date: 06 June 1991

Industrial Court

Beckles, C.;

Benjamin, M.

41 of 1989

Trinidad and Tobago Printing and Packing Limited

and

Oilfield Workers' Trade Union

Appearances:

Mr. W. Winchester Industrial Relations Consultant for party no. 1

Mr. G. Rousseau Labour Relations Officer for party no. 2

Industrial law - Contract of service — Termination — Alleged abandonment of employment — Worker dismissed after absence of three consecutive working days — Alleged injury of worker — Collective agreement — Procedure — Duty to submit medical certificate — Worker not submitting medical certificate — Finding that action of dismissal punitive — Compensation awarded to worker.

Beckles, C.

1 Trinidad and Tobago Printing and Packaging Limited (hereinafter referred to as “the Company”) dismissed Hudson Daisley, a machine assistant (hereinafter referred to as “the worker”) by letter dated July 10, 1989.

2 The letter of dismissal reads:

10th July 1989

Dear Mr. Daisley,

You have been absent from your job for three consecutive working days being 4th, 5th & 6th July, 1989 and up to the time of writing, your immediate supervisor, Production Manager and Factory Manager have not received any reasonable excuse either by telephone or otherwise.

In view of the above, I have come to the conclusion that you have abandoned your job and we hereby terminate your services with effect from 10th July, 1989.

Yours faithfully,

Sgd. Lutes R. Mark

Personnel Manager.

3 Luces Mark (hereinafter referred toss “the Personnel Manager') had written the letter in the aftermath of two (2) inter office memos dated respectively July 6 and 10. These memos read:

6th July, 1989,

TO: Mr. R. Aguilera - Production Manager - Pang

FROM: H. Gittens - Senior Superintendent

RE: HUDSON DAISLEY

This is to inform you that Mr. Hudson Daisley proceeded on Annual Leave - 21 days - from 5th June to 3rd July, 1989.

His vacation leave has ended and he was due to resume work on 4th July, 1989.

To date, I have neither seen nor heard from him and therefore I am of the opinion that he has abandoned his job.

Sgd. Horace Gittens

Senior Superintendent.

10th July, 1989

TO: Mr. A. Hezekiah Factory manager

FROM: R. Aguilera - Production Manager - Packaging

RE HUDSON DAISLEY

Mr. Hudson Daisley proceeded on his Annual Leave for twenty-one days (21) from 5th June to 3rd July, 1989.

I have been informed by his Supervisors (memo attached) that to date no information has been received from him.

Having not heard from him for the past three (3) consecutive working days, I can only conclude at this point that he has abandoned his job.

Sgd. R. Aguilera

Production Manager - Packaging.

4 The worker turned up at the Company's O'Meara Road, Arima premises about 1.00 p.m. on the 10th July 4 He testified that he sought to explain the reasons for his delayed return from vacation leave but was never given a proper opportunity to do this since after a short period, he was handed the dismissal letter by the personnel manager; he then sought help from his trade union branch officials. The recognised majority union is the Oilfields Workers' Trade Union (hereinafter referred to as the Union'). But a meeting held on the same day of dismissal between the branch officials and the personnel manager produced no change in the Company's decision. He further testified that he had sustained an injury to one of his fingers during the vacation period which had been attended to at hospital. The injury had been aggravated shortly before his due date to return from vacation leave; this was his reason for not reporting for duty at the end of his vacation. He insisted that he had been deluded as to the actual date of his return which he took to be July 5th. His vacation leave form, he claimed, had been made up by his immediate supervisor, Clarence Joseph, who advised him that his leave would end on July 4. The form, he signed, was blank. He denied fabricating the story of an injured finger; he had tried, he said on several occasions to get hold of the doctor who...