Appeal Court removes Petrotrin injunction

AN injunction which restrained state-owned Petrotrin from terminating its workers has been discharged.

In an oral ruling, Chief Justice Ivor Archie and Justices of Appeal Allan Mendonca and Andre des Vignes late last night discharged the injunction granted to the Oilfield Workers’ Trade Union (OWTU), on October 8, by the Industrial Court.

There is now nothing preventing the company from going ahead with its plans to shutdown.

Archie, who delivered the court’s decision, said having looked at the dispute afresh, it was clear that the Industrial Court failed to demonstrate that it properly considered evidence on the national economic impact of Petrotrin, and what was likely to happen if the injunction stayed in place, including a downgrade of this country's credit rating and the possibility of creditors seeking to have the company liquidated.

It was the company’s contention in its appeal that the Industrial Court did not have the jurisdiction to grant injunctions. Although it was successful in having the injunction discharged, its argument on the other court’s jurisdiction did not find favour with the appeal court.

In their finding, Archie and his colleagues held that Industrial Court did have the power to grant injunctions on industrial relation offences. The appeal court will give its written ruling on the issue by the end of this month.

Archie said the ruling will guide that court on its powers in treating with industrial relation offences.

On October 8, the Industrial Court granted the injunction which prevented the refinery from going ahead with its restructuring plan and terminating its 5,500 employees by the end of November.

Last week, appellate court judge, Justice Charmaine Pemberton put a hold on the injunctions, clearing the way for Petrotrin to continue issuing termination letters. Already, more than 1,000 workers received termination letters and the company has started mailing them out to workers who have not collected theirs.

The union has argued that Petrotrin's board of directors acted in bad faith when it failed to meet with OWTU representative before meeting with the Cabinet, during which it was decided that it would be in the best interest of the people of TT to shut down the company.

The IRO hearing is set to take place on October 30, 31 and November 1.

It was another marathon session in the battle by the union against the closure of the state-owned company.

For close to seven hours, lawyers for Petrotrin, led by Reginald Armour,SC, urged the three appellate court judges not to be seduced by the argument of the union, pressing the court to consider the grim reality of the company’s financial standing and its possible impact on the economy.

The union, led by attorney Douglas Mendes, SC, argued that the union was being weakened as the recognised bargaining agent for workers.

Speaking immediately after the court’s ruling, OWTU president Ancil Roget said the court’s decision on the jurisdiction point was “significant” to the labour movement and workers.

He said he was also heartened by the pronouncement of the appellate court that the Industrial Court had the power to reverse any decision of the company if it is found in breach of an industrial relations offence.

“We look forward to our day court.”

Roget slammed the Petrotrin’s board, referring to it as “rogue,” and said the actions of the company, and by extension, the Government was setting the stage for anarchy in the country.

He said the only reason Petrotrin was facing closure was to get rid of the OWTU after it gave the Government a poor performance report.

“Government’s performance has fallen today,” he said, warning that it would pay a critical price in time to come.

On Wednesday, the OWTU presented a proposal for the “rescuing” of the refinery and said it intends to submit its proposal to the board by next week when its bankers and other key persons in the proposed plan arrive in the country.

Roget said had the Petrotrin board not departed from the MOU, but engaged in meaningful discussions with the union and told of the challenges being faced to keep the refinery, the OWTU would have entered the information and worked with the company.

“They missed a golden opportunity. Instead, there was this heavy-handed approach.”

He said the OWTU’s proposal was not only to save the jobs of Petrotrin’s workers but for the benefit of the entire country as it will earn much needed foreign exchange.

Roget said if the union’s newest proposal is not accepted, then there will be a “demonstration of things to come,” but did not elaborate.

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