Industrial Court judges yesterday ruled that the termination of 68 workers by state-owned oil company National Petroleum (NP) was “harsh and oppressive” and ordered the company to reinstate them. The court also ordered NP to pay the workers all their salary and benefits to yesterday’s date by the end of January. The company also was ordered to pay each worker $40,000 in damages before the year ends. But less than an hour later, NP said it would challenge the ruling.
In October, NP fired the 68 workers, who it said had engaged in an illegal work stoppage from August 13 to 15, 2013. The 68 were among 86 employees the company had initially suspended following the work stoppage. NP staff had at the time been protesting what they claimed was an attempt by management to privatise the company. The walkout also highlighted the employees’ concerns over management’s award of a $394,000 contract to a private company to do loading on the gantry.
Yesterday’s judgment said the disciplinary hearing conducted by NP did not meet the minimum standards of natural justice in significant respects and was not conducted in accordance with the principle of good industrial relations practices. Yesterday, men and women, wearing their Oilfields Workers’ Trade Union (OWTU) shirts, cried tears of joy as Industrial Court president Deborah Thomas-Felix delivered the judgment.
Outside the court they sang union songs and congratulated each other on their victory, after spending more than a year in uncertainty. Clayton Legendre, an employee of the company for the past 29 years, said he had done a lot of odd jobs in order to support his family. “It wasn’t easy. I am overwhelmed. It was very hurtful what the company did and for a while I had an anger in my heart for them,” Legendre said.
He said he would be happy to put on his clothes and attend work at NP’s Pointe-a-Pierre branch today. “This action was an historic action taken by the management of a state enterprise,” said OWTU president general Ancel Roget, who celebrated with the workers. “We can hardly remember a situation where a state enterprise, which is supposed to set an example of good industrial relations practices, would have fired, without just cause, some 68 workers.”
Roget said the action was vengeful and maintained the decision was taken on instructions from the Cabinet. “Justice prevailed today. The workers are going to report for active duty tomorrow morning. We have always held that the management was wrong,” he added. Roget, responding to NP’s intention to contest the ruling, said: “The workers will present themselves to work and the court ruled it was to be without loss of any benefits. I don’t know what the company will do tomorrow (today).”
He said he expected the company to respond in the way it did. “They are attempting to frustrate the will of the court, the rule of law and the workers and their union, none of which will happen,” he added.
NP not happy
NP yesterday said it would appeal the court’s judgment and the company management up to yesterday evening was meeting to discuss the matter. In a release, the company said it did not believe the rationale for the court’s decision took into account all the facts and factors that constituted “good industrial relations.”
Kesar firing going to court too
Speaking about the dismissal of another union member yesterday, Roget said Trinmar branch president Ernesto Kesar, who was fired for being absent from work for just over four hours without permission on October 17, also would have his day in court.
“This ruling should send a message to employers that there is an institution called the Industrial Court that adjudicates in fairness and whether the rulings be for them or the union it would be fair,” he said. Roget called on NP management to tender its resignation or be fired immediately as it had taken “vindictive and spiteful action” against the union.