TTEC ordered to pay driver $1 million

The Industrial Court made the order in a 25-page judgement on Thursday last.

In their ruling, Industrial Court judges Kathleen George-Marcelle and Janice Christopher-Nicholls agreed with the Oilfield Workers Trade Union (OWTU), that the company had not followed the proper process when it forced Richard Ramjattan to retire in June 2012. The court held that the company failed to find an alternative position for Ramjattan, based its decision on a medical report that was not comprehensive and failed to consult with the worker before it made its decision.

Christopher-Nicholls held that TTEC appeared to have disregarded Ramjattan’s 19 years of service to the company and treated him in a less than humane manner.

While Ramjattan was seeking over $3.8 million in damages for his loss of earnings inclusive of potential overtime, the court agreed to the reduced figure of $1 million.

Ramjattan began working as a driver with the commission from 1993. In February 2011, he suffered a chest injury during a cricket game which induced a heart attack.

He was forced to take 44 days sick leave before he returned to work to resume his duties.

Later that year, he wrote to the company’s management suggesting that he be transferred to a job in the office to limit the possibility of him suffering another attack while in the field.

“It would be preferable for it to happen in a chair rather than behind a steering wheel with other lives at stake,” Ramjattan said in the letter.

Ramjattan was instructed to visit the company’s doctor Dr Tennyson Sieunarine for a medical assessment and after told he had to retire.

He agreed and received a lump sum payment of $220,839.60 and a monthly pension of $2,822.73.

Ramjattan sought the assistance of the union in June 2013 after he tried to apply to the National Insurance Board for a disability grant and was told that he could not qualify for the grant.

The union was represented by Lyndon Leu.