Worker threatened to cut off necks and suck blood

THE INDUSTRIAL Court has ruled that regardless of an employee’s level of education, training, job position, whether he or she is hired to work in an office or a field, that employee must conduct himself/herself in an orderly and co-operative manner in the workplace.

The court ruled last Friday, in a matter involving the dismissal of a worker by Caroni Limited two years ago.  It said further: “No employee should either intimidate fellow-officers or threaten their safety in the working environment, while verbal abuse and threats of physical violence also cannot be condoned”. Such behaviour can only be described as counter-productive, the Court added.

The worker, Andrew John was dismissed by the company on March 29, 2000, for physical assault on a foreman, Jinku Jagroop. The All Trinidad Sugar and General Workers’ Trade Union contended that the worker’s dismissal was harsh and unconscionable and not in accordance with good industrial relations practice. During hearing of the case, the Court found that John gave conflicting evidence when he admitted, having previously denied on oath, his involvement in previous acts of misconduct.

He admitted that sometime in October 1998, he had behaved offensively to a foreman, a supervisor, the Industrial Relations Office and the Secretariat Staff at the Human Resources Department. The Court observed “although John acknowledged that his reinstatement was due to the union’s plea for leniency, he testified that he never had any previous trouble with personnel in the company.   He described himself as a well-behaved employee”. The foreman Jinku Jagroop testified that the worker physically assaulted him and threatened him with a cutlass.

The Court said it believed the company’s assertions that on more than one occasion, John frightened fellow employees and threatened them with his cutlass to “cut off their necks and suck their blood”. It further observed that if verbal use is aggraavated by physical assault on an officer of higher rank, this form of misconduct warrants the strongest disciplinary action, including dismissal. With this in mind, the Court upheld the dismissal of John, claiming that it was  fair and in keeping with good industrial relations principles and practice.  The Court comprised Lloyd Elcock and Judy Rajkumar-Gualbance.