TDC workers still on the job

President of the C ommun i c a t i o n Workers’ Union (CWU) John Julien says the advice follows an emergency injunction, granted late last Friday by the Industrial Court, which restrains the TDC from “terminating the services of any of the workers or doing any such action until and unless the entire matter is heard before the Court.” The union filed two previous complaints, relative to a decision to shut down the TDC without consulting the CWU and the development of VSE P packages to be considered by the Cabinet. A decision to dissolve the TDC was announced at a post-Cabinet media briefing on March 9.

Speaking with Newsday on Sunday, Julien said the union feels “vindicated”, describing the ruling as “a major victory” for the CWU. “The TDC was the first company that (Government) attempted to get rid of in March (2017). Remember they did that with Caroni Green Limited, with Government Human Resources Services (GHRS).

They said they’re going to do that to GISL (Government Information Services Limited), they did it with the OJT (On the Job Training) staff.” Julien argued that “all of them were sent home and the only reason that they did not send home the TDC workers in March was because they are part of a recognised majority union.” “We are saying, quite clearly, the only reason that they (Government) want to shut down the company and start it back (as two separate entities) is that if they do that, by law, the union will no longer be able to represent anybody in the new entity and they wanted to get rid of the union.” Hence the union’s feeling of vindication that its decision to have its lead counsel, Douglas Mendes, SC, file a request last Friday morning.

Julien said the decision was taken after the union learned that last Thursday afternoon, TDC staff were called into a meeting where they were presented with letters informing them of the company’s closure the next day; June 30.

The letters; addressed to individual workers, included calculations of that persons’ severance package based on their years of service but in order to get the money, TDC workers were told they must first sign a “Release and Discharge Agreement”. Julien explained that if a worker signed this agreement, they would effectively be waiving their right or that of the union “to take any action whatsoever against the TDC” in the future related to their termination of employment.

Newsday obtained a copy of the letter given to TDC workers on June 29. In it, the company said, “We regret to inform you that the Tourism Development Company Limited (TDC) will cease operation on June 30, 2017 and that you will be paid the following: (a) accrued vacation leave and gratuity, where applicable; (b) an ex-gratia payment equivalent to 45 calendar days’ pay, plus where applicable, half month’s pay for each year of service for years one to four and three quarter month’s pay for each year thereafter.” The letter continued, “Prior to release of the monies due to you, the Release and Discharge Agreement attached must be signed and returned to Cliff Hamilton, Interim Chief Executive Officer. You are advised that you ex-gratia payment will be paid on or before Friday, July 7, 2017, bearing in mind the four-day requirement for bank clearing arrangements.

We wish to acknowledge your loyalty, dedication and contribution over the period of your employment and to wish you the best in your future endeavours.”