Dismissed hearse driver awarded $25,000

A trade dispute between a National Union of Domestic Employees (NUDE) member, who was wrongfully dismissed from K Allen and Sons Ltd, ended Friday, when the Industrial Court ordered a $25,000 payment to the worker. Justice Sandra Ramparas ordered that Kenwyn Allen, owner of K Allen and Sons Funeral Home pay the money to Joseph Moonsammy, who was employed as a driver at the Arima business on or before July 31, 2004. In determining the award, Ramparas took into consideration the worker’s period of employment, his age, future loss, the circumstances of his dismissal, the nature and size of the company’s operations and interest of the community as a whole.

Moonsammy was represented by Ida Le Blanc, General Secretary of NUDE, and K Allen and Sons by Indra Ramoutar-Liverpool, attorney-at-law. The court heard that Moonsammy’s dismissal as outlined in his termination letter dated December 21, 2001 was as a result of sleeping on the job. Reference was also made to the worker’s reckless driving of the company’s vehicle months prior to the incident, and his “misconduct” concerning a case of stolen surgical gloves in 2000. However, Justice Ramparas ruled that Moonsammy’s dismissal was premeditated by the employer and not justified with regard to the allegations made against him. She referred to Section 10 (3) under the Industrial Relations Act saying the court is empowered to “make such order or award in relation to a dispute before it, as it considers fair and just having regard to the interest of the persons immediately concerned and the community as a whole.”