Where we stand‎ > ‎News & Comment‎ > ‎

NWU WINS $200,000 FOR DISMISSED WORKER!

posted 16 Nov 2013, 16:06 by Gerry Kangalee

NWU WINS $200,000 FOR DISMISSED WORKER!

THREAT OF LEVY FORCES COMPANY TO PAY UP!

 
In a judgement handed down by the Industrial Court on 17 April, 2013 a dismissed worker of Kreekon Contracting Company Limited was awarded $200,000 in compensation for wrongful dismissal; such compensation to be paid on or before 30th April 2013. The matter was taken to the Industrial Court by the National Workers Union. 
 
The worker was verbally dismissed on 22 September 2008 on eight grounds ranging from tampering with the worker’s own personal file, creating disaffection among workers to cancelling a meeting without approval. 

The company also argued that the worker had abandoned the job despite a company official informing an associate company, in writing, that the worker was no longer employed with Kreekon Contracting Company Limited. 

The Industrial Court found, among other discrepancies with the company’s actions that the worker was summarily dismissed without an investigation or disciplinary hearing and was harsh, oppressive and contrary to the basic principles of good and proper industrial relations practices. 
 
The Mayaro-based Kreekon Construction Company owned by the Straker family failed to meet the deadline for payment ordered by the Court. The union then sought and obtained a certificate of compliance from the Industrial Court. Armed with this certificate, the union then sought and obtained a writ of execution from the High Court, which authorised the union to hire a bailiff to pursue the matter. 

This enabled the union to put in train a process which could lead to the levying on the company’s assets in order for the company to meet its obligation to the worker. Faced with his state of affairs the company caved in and paid up. The bailiff successfully secured a cheque for the full amount plus interest. The Company also had to pay legal fees, and bailiff’s fees and costs. 
 
General Secretary Dave Smith represented the National Workers Union at the Industrial Court while Andre Jessamy, Attorney at Law, represented Kreekon Contracting Company Limited.

Comments