Court upholds sacking of salesman

Ali was suspended, then fired by his employer, Burmac Limited. However, he challenged his dismissal through the National Union of Government and Federated Workers (NUGFW).

The court upheld the company’s decision to fire Ali and dismissed the dispute. However, the Court made out an order which the company must adhere to by January 30.

It said: "On the basis of our findings, and in accordance with equity, good conscience and the substantial merits of this case, we order the employer to pay the worker for his period of suspension, that is, from January 15 to 21, 2004. The worker’s salary benefits for the period January 1 to 14, 2004, during which time he worked, is also to be paid to him.

The Industrial Court also directed the company to ascertain the status of Ali’s pension contributions at his date of termination, provided they were part of his terms and conditions of service, and to ensure the said contributions are dealt with in accordance with the rules of the relevant pension plan.

This order was made out by Heather Seale and Ruby Thompson-Bodie.

In a dissenting order, Albert Aberdeen said he was unable to agree with the finding that the employer could reasonably have decided to dismiss Ali. He claimed in a separate judgment that the worker’s dismissal was contrary to the principles of good industrial relations practice.

"I find in all the circumstances of this case, an award of nominal damages would be appropriate.

He said the worker should be paid $24,000 in damages in addition to the sums owed to him as a resuslt of the orders of his colleagues, Seale and Thompson-Bodie.

The dispute stemmed from invoices Ali submitted to Wacker Corporation in the course of a Wacker Distributor Salesman Bonus Programme in 2003.