Union of Commercial and Industrial Workers v B.B. Transport

• Jurisdiction: Trinidad & Tobago
• Judge: Elcock, J.
• Judgment Date: 29 June 1993
• Court: Industrial Court (Trinidad and Tobago)
• Docket Number: No. 77 of 1992
• Date: 29 June 1993

Industrial Court

Elcock, J.

No. 77 of 1992

Union of Commercial and Industrial Workers

and

B.B. Transport

Mr. K. Gonzales President.

No appearance on behalf of Party No. 2

Statute - Industrial Relations Act, s. 51(1)(c) — Union party to proceedings by virtue of section.

Industrial law - Contract of service — Termination of employment — Whether harsh and oppressive — Ex parte hearing — Summary dismissal of worker — No reasons given — Finding that dismissal harsh, oppressive and contrary to good industrial relations practices — Worker to be reinstated without loss of service or benefits.

Elcock, J.

1 This matter first came on for hearing on 15th April, 1993 at 9:30 a.m. and on that date Party No. 1 the Union of Commercial and Federated Workers (“the Union “) the was represented by Mr. Gonzales its President. There was no appearance by B.B. Transport (“the Company”).

2 The court noted that the Union had filed its written statement of Evidence and Arguments only on the previous day, that is, the 14th April, 1993 whereas both parties had been directed to file their evidence and argument not later than 26th February, 1993. Mr. Gonzales gave an explanation for the Union's delay that was acceptable to the court and the court accordingly extended the time for the filing of the Union's evidence and argument to the 14th April. The court also extended the time for the Company to file its evidence and arguments to the 31st of May, 1993 and the matter was fixed for hearing on today's date.

3 Directions for the hearing of this matter were given by the President on 16th December, 1992 and on that date the company was represented by Mr. R. Roopchand an Attorney-at-law. Furthermore a notice dated 21st April, 1993 for today's hearing was served on the Company through Mr. Roopchand on the 5th May, 1993. The Company therefore appears to have no reasonable excuse for not being here today. The Company has not appeared...