TDC in injunction hearing

The CWU filed an injunction on Thursday seeking to restrain the TDC from terminating the contracts of workers until the determination of an industrial relations complaint filed in the Industrial Court as well as to restrain the TDC from making any offer for voluntary separation (VSE P) without consulting the union. Presiding over the injunction yesterday were President of the Industrial Court Deborah Thomas-Felix and members Albert Aberdeen, Kyril Jack, Kathleen George-Marcelle and newly appointed judge Azeem Mohammed who sat on the panel as an observer.

Representing the CWU were attorneys Douglas Mendes SC and Imran Ali while Senior Counsel Fyard Hosein and Rishi Dass represented the TDC.

In submissions before the court against the injunction application, Hosein said there was no evidence of the TDC offering any VSE P to workers. He said ‘no company can treat with workers unless it deals with the union’ and anyone who does so would have to be a ‘mad man.’ Hosein suggested that if any VSE P is offered to workers before May 31 without consulting the CWU, the union is free to come to court seeking relief. He dismissed as ‘dishonest’ claims by the union that the management of the TDC was speaking with workers directly and not engaging the union on the future of the company.

Mendes earlier sought an undertaking from the TDC in lieu of an injunction being granted that the company will not offer to workers VSEP without consulting the union. He said the union has been told that the termination date for the TDC was June 9. He also said the CWU was heartened by Hosein’s submissions that no VSE P offer will be made to workers before consulting the union, although he did not get the undertaking sought. The union filed two previous complaints relative to a decision to shut down the TDC without consulting the CWU and the development of VSE P packages to be considered by the Cabinet. The three matters concerning the proposed dissolution of the TDC will come up for hearing on May 31.

A decision to dissolve the TDC was announced at a post-cabinet media briefing on March 9.

President of the CWU Joseph Remy said the union only received a call on the decision in a telephone conversation with the company’s line-minister, Tourism Minister Shamfa Cudjoe shortly before the announcement was made and after the decision was already taken by Cabinet. TDC currently has approximately 114 employees - with both fixed contracts and month-to-month employment