Cipriani College ordered to pay fired worker $65,000

A WATCHMAN who contested the termination of his employment by the Board of the Cipriani College of Labour and Cooperative Studies, was compensated $65,000 in damages for a dismissal the Industrial Court deemed “a clear travesty of justice.” On March 24, the court ruled that the dismissal of Ben Baksh occurred under circumstances that were “harsh, oppressive and not in accordance with the principles of good industrial relations practice,” and ordered that the money be paid to him by April 29. Baksh, who had been employed at the college since November 1, 1995, was suspended with full pay on January 21, 1999, pending the investigation of the circumstances surrounding the disappearance of the college’s compressor motor. He was subsequently fired on April 1.

When the matter came up before Industrial Court, members Sandra Ramparas and Bindimattie Mahabir, the Bank and General Workers Union, which represented Baksh, sought to have him reinstated to his position as watchman without loss of benefits. The college, however, contended that Baksh had misconducted himself and breached his contract of employment. When he was called to give evidence, Baksh told the court he reported for duty on January 12, 1999, at around 9.45 pm to relieve co-worker Lincoln Perouse. He said during the handover patrol the compressor was “intact” and was still “intact” when he handed over to co-worker Harold Boodoo for the 7 am to 3 pm shift the next morning.

It was about an hour into Boodoo’s shift that they received information that part of the compressor was missing. During his shift, Baksh said, he had not allowed anyone on the compound except the college’s accountant and two private security officers from Commercial Protective Services — George Giles and Joseph Arnold — whom the college employed to work with the watchmen. In their evidence, Giles and Arnold, the colleges’ main witnesses, both indicated that Baksh had told them that “his boss” had given approval for the compressor to be removed from the compound by three men in a jeep.

However, the contradictions and inconsistencies in their evidence caused the court to doubt the veracity of their account of the events on the night in question. In his evidence, College Director Dr Rosevelt Williams said Baksh’s dismissal was based on the reports which emanated from the college’s and police investigations. He admitted that Baksh did not have the opportunity to challenge the police report because it was never shown to him. Attorney Andre des Vignes appeared for the union.