Being fired, like a death sentence

He spoke on Wednesday at a seminar organised by the Employers Solution Centre, a division of the Employers’ Consultative Association (ECA), at the Trinidad Hilton, St Ann’s.

Rousseau said another issue that would arise when the matter reaches the Industrial Court was whether charges listed in the dismissal letter were sufficient to warrant dismissal. He said it was one thing to find a worker guilty but there is an emerging view in industrial relations that the length of an employee’s service should be considered when deciding on disciplinary action.

The seminar was one in the ECA’s series on Landmark Court Judgements and its theme was, ‘Compensation for Emotional Distress.’ Rousseau said wherever possible, companies should have an investigation as well as a properly organised disciplinary hearing. He said the two are not interchangeable and in many instances where the Industrial Court has found that the dismissal of the worker was harsh, oppressive and contrary to the principles and practices of good industrial relations, it was in the absence of such hearings and where there were procedural errors.

He stressed that another important factor was the issue of the right of the worker to be heard before disciplinary action was taken, delighting the audience of industrial- relations practitioners with the biblical story of Cain and Abel.

He said even God, who knew everything and knew that Cain was guilty, nevertheless asked him for an explanation of why he had killed his brother Abel, before passing sentence.

The seminar examined the case of Dr Jacqueline Shafe, who was dismissed as a specialist medical officer with the North West Regional Health Authority on March 21, 2011. The matter was taken to the Industrial Court by the Banking Insurance and General Workers’ Union.

Industrial relations officers at the seminar heard presentations from attorney Keith Scotland, who represented the union in the matter; Senior Counsel Seenath Jairam; Rousseau; attorney Newton George and attorney and industrial-relations consultant Aisha Kujifi.