Tobago diver loses million-dollar claim against THA

A TOBAGO diver from Mt Grace, Tobago, who filed a million-dollar claim against the Tobago House of Assembly (THA) and the Tobago Regional Health Authority (TRHA), for an alleged salary shortfall and a call-out allowance will only receive a month’s salary.

Devon Peterkin sued the THA and the THRA for a little over $1 million representing a shortfall in salary, gratuity, and the non-payment of a call-out allowance. Up until March 2015, he was employed as a hyperbaric facility manager.

In a decision delivered at the Tobago High Court on Friday, Justice Frank Seepersad said on the evidence Peterkin was duly paid for the provision of decompression treatment.

He said neither of the contracts Peterkin held with the THA or the TRHA provided for additional compensation outside the eight-hour workday or during vacation.

The judge said, “It appears that the claimant, in retrospect, had unrealistic expectations.

“There is a disturbing tendency where far too many citizens once dealing with a statutory body, operate with unrealistic, unjustified, unpatriotic, and unreasonable financial expectations. This practice has to be curtailed and there must be a shift in attitude as productivity and citizenship need to be the factors which drive citizens if, as a Republic, we are to realise our limitless potential.”

In his claim for breach of contract, Peterkin, a 39-year-old retired fire officer, alleged said he entered a written contract with the THA in January 2019 to serve as its facility manager/chamber operator at the Roxborough Hyperbaric Facility. He said it was agreed that he would be paid $5,802 and a transportation allowance of $1,500.

Peterkin said he was told by a former assemblyman that the first 90 days of his contract would be probationary and upon expiration, the contract would be renewed. He said based on this promise, he signed the contract with the expectation that the contract would be reviewed after the probationary period.

Peterkin insisted he performed satisfactorily, and when the probationary period was over, he unsuccessfully tried to speak to the assemblyman concerning the update to his remuneration package, including his on-call responsibilities. He said he was called out to work on an emergency during his vacation in December 2010.

By 2011, the hyperbaric facility was transferred to the TRHA and Peterkin said he was told the authority would handle his concerns. He said he was called out four times outside his working hours and when he was offered a new contract, it was the same as the old one.

In September 2014, after numerous CEOs and human resource officers had changed at the TRHA , Peterkin said he refused to complete an emergency decompression treatment and was given a verbal commitment that his contract would be amended.

Peterkin said he went ahead and successfully performed the treatment, and was then chastised for his earlier position. He said he continued working and was again offered a new contract in 2015, but said he told the then CEO he would only be working from 8 am-4 pm and would not respond to emergencies unless his contract was upgraded.

Peterkin was removed from the TRHA’s payroll at the end of March 2015, without notice, warning, or explanation and worked the month without being paid while a new facility manager was hired.

Peterkin said he believed he was treated unfairly and was never adequately compensated for his services but was repeatedly deceived and misled by both organisations.

The THA, in its defence, said there was no communication with Peterkin on an increase in remuneration nor was there a written contract for a second term of employment from January 2011-2012.

It said Peterkin was on a month-to-month contract and agreed to it.

The THA also said his position necessitated an emergency response on his part which did not fit into a traditional eight-hour workday and Peterkin was also told he would only be required to be at the facility when needed. The assembly said his performance did not merit an on-call allowance and his performance appraisal revealed unsatisfactory performance.

It also said it was difficult to reach him although he had a company mobile phone, and his supervisor had to go to his home to get him when he could not be reached.

Peterkin was represented by attorney Deborah Moore-Miggins. The THA was represented by attorney Trudy Caraballo and Lennox Phillips Jr and Myrna Walters appeared for the TRHA.