THREE appellate court judges have upheld a ruling of the Industrial Court which ordered the TT Electricity Commission to compensate a worker in the amount of $1 million, after he was forced into retirement.
In an oral decision, Justices of Appeal Allan Mendonca, Peter Rajkumar and Charmaine Pemberton dismissed the appeal of TTEC against the Oilfield Workers Trade Union (OWTU) which took up the case for the worker at the Industrial Court.
In its ruling, the Industrial Court found that neither the worker nor the union was consulted when the decision was taken to retire him on medical grounds, contrary to good industrial relations practices.
The court held that the company failed to find an alternative position for worker, based its decision on a medical report that was not comprehensive and failed to consult with the worker before it made its decision.
The worker suffered a blunt 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.
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 on the field.
He was sent to the company’s doctors for a medical assessment, and it was concluded that he was not an invalid but was fit for work. However, he was told by the company he had to retire.
The worker agreed and received a lump sum payment and a monthly pension, but sought the OWTU’s assistance after he tried to apply to the National Insurance Board (NIB) for a disability grant and was told he could not qualify for one.
TTEC appealed the Industrial Court’s ruling and filed 22 grounds of appeal, challenging the decision.
The Appeal Court dismissed all 22 grounds and upheld the Industrial Court’s ruling.
Attorney Keith Scotland represented TTEC while Lyndon Leu represented the OWTU at the appeal.
ORIGINAL STORY:
THREE appellate court judges have upheld a ruling of the Industrial Court which ordered the TT Electricity Commission to compensate a worker in the amount of $1 million, after he was forced into retirement.
In an oral decision, Justices of Appeal Allan Mendonca, Peter Rajkumar and Charmaine Pemberton dismissed the appeal of TTEC against the Oilfield Workers Trade Union (OWTU) which took up the case for the worker at the Industrial Court.
In its ruling, the Industrial Court found that neither the worker nor the union was consulted when the decision was taken to retire him on medical grounds, contrary to good industrial relations practices.
TTEC appeal the ruling and filed 22 grounds of appeal, challenging the decision.
The Appeal Court dismissed all 22 grounds.
Attorney Keith Scotland represented TTEC while Lyndon Leu represented the OWTU at the appeal.
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