Court backs Equal Oppotunity Tribunal ruling against Petrotrin

A HIGH COURT judge has granted an order giving permission to a former Petrotrin employee to convert a ruling of the Equal Opportunity Tribunal (EOT) into a judgment so that a monetary award for compensation can be enforced.

In 2017, the now defunct state-owned oil company was ordered by the EOT to pay a little over $.3 million to a process engineering superintendent who successfully argued that the company contravened its own employment policies when it hired a foreign national in a positon he held for five years.

The compensation order was made in favour of Derek Salandy by then chairman of the tribunal Rajmanlal Joseph and assessors Leela Ramdeen and Harridath Maharaj.

Since then, Salandy has made numerous attempts for his settlement cheque. On Monday, his attorney Shankar Bidaisee filed an application seeking to have the court register the EOT’s award so that Salandy could have it enforced.

On Wednesday, Justice Frank Seepersad approved the order.

According to Salandy’s complaint at the EOT, he held the position of process engineering superintendent in the Refining and Market Division at Pointe-a-Pierre since 2002, but in 2007 a Venezuelan national was hired on a two-year contract in the position of process engineering superintendent - Heavy Oils, although he (Salandy) had more experience.

Salandy said the position was similar to his and pointed out that he also served as acting chief process engineer on several occasions but the foreigner received a substantially larger pay package, company perks of a leased vehicle, housing accommodation, free gas, as well as a gratuity.

In their ruling delivered, the tribunal found that Petrotrin deviated from its employment policy when it hired the foreigner and treated Salandy, who was employed with the state-owned company since 1980, ‘less favourable’ when he asked to be paid the same as his colleague.

Since the complainant (Salandy) suffered injury to his feelings and that the discriminatory acts were serious and continued for almost four continuous years, he has to be compensated appropriately, the Tribunal concluded.