Worker gets $7,500 for dismissal

THE JOAO Havelange Centre of Excellence at Macoya, Tunapuna has been ordered by the Industrial Court to pay a dismissed worker $7,500 in damages.

The court, headed by Sandra Ramparas, found that Colin Stewart’s dismissal was harsh and contrary to the principles of good industrial relations practices.  He is to receive the money on or before April 11. The company told the court that Stewart was on probation when he was dismissed for verbally abusing his supervisor, Howard Nicholas, on December 8, 1998. The company said in deciding to dismiss Stewart, it took into consideration his poor job performance and poor conduct, for which he had been warned previously and failed to show any improvement. Stewart denied that he was ever called by the company and charged with the alleged offence, or that he was ever given an opportunity to defend himself. He admitted that he staged a “sit-in” to protest the arbitrary reduction of his salary from $3,000 to $2,000 per month.

The court said it was satisfied that Stewart used abusive language, but it observed: “The more pertinent question is whether the use of abusive language by the worker caused any embarrassment to the company as was alleged.” It contended that the company led no evidence to convince the court of this. “We find that the evidential burden of proof rests with the company and its failure to discharge this burden to our satisfaction, constrains us to concede to the submission of the union. “For the court to be convinced of the justification of the company’s case as being in keeping with the principles of good industrial relations practice, we must be furnished with the evidence to justify such decisive action. “The cavalier approach taken by the company in the handling of this matter was not in accordance with the principles of good industrial relations practices.”