NGC ordered to pay $1.4M to former employee

State-owned National Gas Company (NGC) has been ordered to pay a total of $1.4 million in compensation for negligence to a former employee who developed a severe respiratory illness after he was relocated to its offices at Atlantic Plaza, Couva.

In a written decision, delivered earlier in May, Justice Vasheist Kokaram found NGC had breached its duty in maintaining proper indoor air quality at its Atlantic building.

He said if not for that breach, Haroun Baksh would not have developed the illness.

“There is no question that Mr Baksh’s life and opportunities to enjoy the simple things of life one takes for granted has been diminished.

“The impact on his family, personal and social life are evident as he has remained withdrawn.”

Baksh’s employment came to an end prematurely when he contracted pulmonary fibrosis or unusual interstitial pneumonia (UPI) – a severe respiratory illness.

He said the onset of the disease was caused by poor indoor air quality. NGC denied this.

Kokaram also recognised that airconditioned offices were commonplace in the modern work environment.

“The very nature of automated circulation or recycling of air within confined or large spaces in an office carries certain risks to human health that can be caused by compromised air quality.”

In his decision, the judge offered suggestions for the creation of a healthier work environment at the company.

“In dealing with indoor air quality it is important that in airconditioned offices with centralised systems that the system is constantly monitored.

“ Indoor air-quality policies should be adopted and implemented together with the identification of the appropriate staff member or committee to ensure the comfort and safety of employees.”

He also suggested taking steps to treat with complaints of respiratory problems by accommodating staff off-site, using modern technology to facilitate this.

“There is a social value to continued employment for the employee as there is a value added to the production of the company in making such arrangements work.”

“It is unfortunate that Mr. Baksh was unable to enjoy the latter part of his long employment with the company. It is unfortunate that NGC lost so many hours through illness.”

Kokaram also said the quality of indoor air must be of paramount concern for both employee and employer.

“Good indoor air quality can lead to improved productivity at the workplace. On the other hand, poor indoor air quality will cause productivity to drop because of comfort problems, ill health leading to sickness and absenteeism.

“The importance of maintaining a healthy environment at the work place extends to proper indoor air quality where such airconditioning systems have been installed by the employer.”

Baksh was represented by attorneys Michael Quamina and Gitanjali Gopeesingh, while Rishi Dass, Nicholas Campbell and Adrian Byrne represented the NGC.

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