Cashier awarded $25,000 for harsh dismissal

ALTHOUGH repeated ef-forts were made to have an employer attend the Industrial Court to defend himself against charges that he dismissed a worker under harsh and oppressive conditions, he failed to turn up.

George Laquis, trading as Club Flags, also failed to file written evidence and arguments required by the court, in accordance with provisions of the Industrial Relations Act. As a result, the court determines the trade dispute in his absence. The matter, which was heard ex-parte, involved the dismissal of Keona De Leon from her job as a cashier at Club Flags. De Leon won her case and Club Flags was ordered to pay her $25,000 in damages on or before April 2. This amount is to include outstanding sick leave and pay in lieu of vacation leave which the worker claimed was owed to her at the time of her dismissal.

According to evidence offered by the National Union of Government and Federated Workers (NUGFW), De Leon was summarily dismissed but was not told the reasons for her dismissal. It was not until two days later that she was able to speak with the employer on the telephone and he indicated that she was dismissed because of her “irregularity.” The employer felt her absence over five days would have resulted in her job not being done unless someone else doubled their work to pick up the slack. De Leon had presented a sick leave certificate for the five days leave she sought, from January 1 to 5, 2003.

The court had to determine whether the employee was told the reason for the proposed dismissal prior to the actual decision being taken, and whether the employee was given a fair opportunity to be heard. It found that both elements were absent from the employer’s action and held that the worker was dismissed in circumstances that were harsh, oppressive and not in accordance with good and proper industrial relations practices. The court comprised E Donaldson-Honeywell (Chair-person), G Ramsubeik and B Mahabir. The union’s case was argued by Clive Bowrin, Labour Relations Officer.