No work, no pay

This was the ruling of High Court judge, Justice Margaret Mohammed who held that the workers, having chosen to follow the guidance of their union, must now bear the consequences of the advice given to them to stop work. The workers filed an action seeking payment of wages during the period June 24, to September 1, 2014.

They also sought a declaration that the work stoppage complied with Section 15 of the Occupational Safety and Health (OSH) Act.

In their action, the workers complained of health and safety risks at their offices at Balisier Avenue, Couva, including inadequate ventilation, presence of excessive dust, mould and fungus, an infestation of cockroaches and other vermin, inadequate toilet facilities, a deficiency in water supply, exposed electrical installations, congested office space, unsafe stairways among other complaints.

The workers were represented by attorneys Rajiv Persad and Kyle Taklalsingh while Senior Counsel Russell Martineau and attorneys Rishi Dass and Alisa Khan represented the SILWC. Justice Mohammed was asked to determine if the work stoppage complied with the OSH Act and should the 33 workers be paid for the period they did not work.

In her 64 page judgment delivered at the Port-of-Spain High Court, Justice Mohammed held that it appeared the workers were ‘ill-advised’ by the PSA to invoke section 15 of the OSH Act, ‘in particular in circumstances where it was not warranted’ and where they knew their allegations could not be substantiated.

She said the workers were ‘hasty’ since it was clear they engaged in the work stoppage, ‘under the guise of actual health and safety concerns when admittedly they knew such action was all part of the PSA’s action in the wider public service to close down government offices at the time.’ In dismissing the workers’ claim and granting the counter-claim by the SILWC, that the workers not be paid for the days they did not work, the judge also ordered the 33 workers to pay the committee’s costs of defending the action.