11 Caroni workers to be reinstated

ELEVEN Caroni Limited workers who were dismissed from their jobs on September 10, 1996, are to be reinstated in their former positions without loss of earnings and fringe benefits — thanks to the Industrial Court which gave its order last week.  

The workers are Kissoon Nagessar, Patrick Isaac, Bridgelal Lalee (Drivers); Parasram Doobal Dass, Sooklal Mohan, Patrick Modeste, Steve Bujhawan  Mahadeo Jaggernath and Malcolm Ramjugsingh (Mechanics); Krishendath Ramdeen (Chargehand Mechanic) and Amzad Ali Khan (Welder). In the case of Mohan, Ramjugsingh, Dass, Nagessar and Modeste, they have to be reinstated from September 23, 1996 (the period September 10 to 22 1996) to be treated as no-pay suspension. The other workers are to be reinstated with effect from September 10, 1996. The company is to recover overpaid amounts it claimed it made. The genesis of the dispute was that on September 10, 1996 the workers were suspended for “gross dishonesty” in that they failed to report a series of overpayments in their paypackets between September 1995 and August 1996.

The All Trinidad and General Workers Union which held brief for the workers, said in its statement of Evidence and Arguments that the workers were not involved in the preparation of time reports for payment purposes, nor did they have access to time cards for hours worked. It added: “The exclusive authority for the preparation of time reports and extracting hours worked from time cards rested solely in the hands of the timekeeper. After considering all evidence given at the hearing of the dispute the Court ruled that if a worker misappropriated a company’s property, he would have to carry out some act either by himself, or in collusion with someone else. According to the Court, the company had abandoned that plank of its case, ”. It concluded: “We find that in the absence of a dishonest act on the part of the workers directly connected to, or resulting in their overpayment, the ultimate sanction of dismissal was excessive. “If we were to agree with the company, then a worker who is overpaid in a backpay exercise is placed at risk of dismissal if he fails to report.  We are unable to support such proposition”. After taking note of certain other factors, the Court determined that the action of the company was harsh and oppressive and contrary to the principles of good industrial relations practice. The Court comprised Ramchand Lutchmedial and Paul Lai.