Union of Commercial and Industrial Workers v Westmoorings Ltd

• Jurisdiction: Trinidad & Tobago
• Judge: Beckles, P.
• Judgment Date: 29 April 1991
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: 16 of 1989
• Date: 29 April 1991

Industrial Court

Beckles, P.

16 of 1989

Union of Commercial and Industrial Workers

and

Westmoorings Ltd.

Appearances:

Mr. Belgrave Labour Relations Officer and Mr. Gonzales General Secretary for party no. 1.

Mr. L. Lopez attorney-at-law Mrs. Lopez-Collymore attorney-at-law for party no. 2.

Industrial law - Termination of employment — Whether wrong and unlawful — Contract of service — Provision for termination giving one month's notice — Alternative claim of termination for cause — Alleged dereliction of duty — Worker not completing task satisfactorily before proceeding on leave — Dismissal not harsh and oppressive.

Beckles, P.

1 This trade dispute centres around the termination of the services of Chanerbali Baijoo (the Worker) employed by Westmoorings Ltd. (the Company) by letter dated 29th August, 1988 with effect from 7 September, 1988.

2 The Union of Commercial and Industrial Workers (the Union) represent the worker by virtue of the provisions of section 51(1)(c) of the Industrial Relations Act Ch. 88:01 (The Act) and challenges the said termination as being wrong and unlawful.

3 The Company for its part argues that by the terms of its contract of employment with the worker, either party was entitled to terminate giving one month's notice, and this was precisely the course it had taken. The worker's termination was therefore lawful and proper. Alternatively the Company contended that the services of the worker were terminated for cause and adduced oral evidence in support of that contention.

4 For the Union, the worker himself testified as the sole witness. He maintained that he had applied for and was granted vacation leave for the period 17 July, 1988 to 7 September, 1988, subject to the proviso that he complete the specific assignment of reconciliation of Chicken Parts before departure. Friday 15 July, 1988 would have been his last working day prior to going on vacation, but as he was unable to complete his assignment by that time, he returned' to work on Monday 18th July, 1988 and completed the assignment on that day. He then proceeded on his vacation as he was entitled to do. Before the date for his resumption of duty had arrived however, he received a letter from the Company purporting to terminate his services. This letter was formally put into evidence through the worker and- Was marked CB1.

5 It is reproduced hereunder:

CB 1

“Mr. Chanerbali Baijoo,

Chiokland Village,

Carapichaima.

Dear Sir,

We refer to previous warning letter dated 26th January, 1988 concerning your lack of commitment towards your duties and responsibilities and wish to draw your attention to another incident viz: - you were told by your Department Head, Mrs. Mayers, that you would only be allowed to proceed on Annual leave providing you have completed certain outstanding works.

You however, proceeded on leave from the afternoon of 18th July, 1988 without informing your Department Head and obtaining her approval and without completing the task assigned to you.

We therefore have no alternative but to terminate your services and serve you one month's pay in lieu of notice with effect from 7th September, 1988.

Please contact the Personnel Department for your final payments.

Yours faithfully,

WESTMOORINGS LIMITED.

Krishna Bahadoorsingh PhD,

Managing Director.

Under cross-examination by Mr. R. Lopez, attorney for the Company, the worker conceded that he had been previously notified on 26 January, 1988 in writing about the quality of his work, and that he had been warned that similar shortcomings would be visited with the utmost severity. A letter of 26 January, 1988 was shown to the worker, admitted by him, and put in evidence as CB.

CB 2

Mr. Chanerbali Baijoo,

Chickland Village,

Carapichaima.

Dear Sir,

WARNING NOTICE

Your department Manager, Mrs. Lesley Pooh-Mayers, had given you specific instructions to report to ED500 and carry out a physical count of Westmoorings Limited Stock on 7th January, 1988 and 8th January, 1988. However, you did not make any report on your assignment until questioned on the same day by your Manager on 11th January, 1988. It was then revealed that:

• i) No stock check was done on 7th January, 1988

• ii) The stock sheck done on 8th January, 1988 was incorrectly carried out and does not conform with our set accounting policies and procedures and the instructions issued to you.

You gave certain reasons for failing to carry out your duties as indicated above but at no time did you report the relevant situation to your Manager for advice or guidance. In such a situation your Manager should have been immediately, contacted.

As a result of the above, you wasted two whole work days, the labourer assigned to assist you on 7th January, 1988 was also un-productive for that day and further time has been wasted in our having to arrange for a proper stock check.

The above incidents emphasize a total lack of commitment towards your duties and responsibilities. In the circumstances, you are hereby warned that...