Former Barbados Light & Power Company (BLPC) employee Jepter Lorde will not get back his job but the Employment Rights Tribunal (ERT) has ordered that he be paid just over $68 000 by next month for unfair dismissal.
The amount represents just over half of the $120 913.53 his lawyer Nailah Robinson was seeking, but more than the BLPC had suggested.
The ERT’s deputy chairman Kathy Hamblin handed down the decision on Wednesday, a week after the panel’s unfair dismissal ruling and Lorde’s indication that he was seeking reinstatement or re-engagement by the utility company at which he worked for 19 years as a plant attendant before being terminated on July 25, 2016.
“The matter is disposed by way of an order for the respondent to pay the claimant the sum of $68 072 within 28 days of the date of this decision,” she said.
Hamblin had said that while, on one hand, the amount requested as a basic award by the claimant was “grossly inflated”, the figure of $47 237.04 suggested by the company was “understated”.
She said the tribunal “struggled to comprehend the basis of several of the claims made for compensation by counsel for the claimant”.
“While there is scope for compensation under some of the heads under which the claims were presented, the claimant provided no or, in most cases, insufficient evidence upon which the tribunal could justify making an award,” the deputy chairman said.
She ruled that Lorde was entitled to $10 160 for being dismissed without the required notice, as well as a basic award in the sum of $57 912, which represented three weeks’ wages for each of the 19 years he was employed by BLPC.
The claim for accrued vacation pay was dismissed due to lack of justification or support. The claim for loss pension was also dismissed due to lack of clarity. Also dismissed were the claims for loss of state pension, loss benefits (merit pay, productivity pay and bonus), uniforms (overall and safety boots), and compensatory award due to “trade union activity”.
Robinson argued that she was not given a fair opportunity to present evidence regarding calculation for compensation or for re-engagement or reinstatement.
However, Hamblin dismissed those concerns, stating that adequate time and opportunity were given to both parties.
“Ms Robinson, if you are not satisfied with the ruling of the tribunal, you know where to go. Section 48 of the Act allows you to go to the Court of Appeal if you are dissatisfied with the ruling of the tribunal and you can do so on a question of law,” she said.
It was not immediately clear whether Lorde and his attorney would be going that route.
Handing down her decision via Zoom, Hamblin noted that after reviewing the final submissions by both parties, the tribunal concluded that the arguments submitted by Lorde for reinstatement or re-engagement were “vague and they lacked persuasion”.
She further stated that he failed to show that he had extensive training and experience in the area of operations that was now “transformed”. Additionally, Hamblin said, he also failed to show where in the company he could be engaged if not reinstated.
The BLPC had objected to reinstatement or re-engagement for several reasons, including the time that had elapsed since the claim of dismissal; equipment formerly operated by Lorde no longer being in use and therefore his former position no longer required; Lorde’s lack of training and lack of experience for the new plant and equipment; his aggressive behaviour and often disruptive behaviour which contributed to his dismissal; and a break down of mutual trust and confidence between Lorde and the company.
“The respondent’s arguments against reinstatement or re-engagement are more compelling. The tribunal holds that it would be impracticable to make an order for reinstatement or reengagement,” Hamblin said.
Lorde, who had started working for BLPC on June 1, 1997, was the secretary of the Light & Power Division of the Barbados Workers’ Union at the time he was dismissed and claimed that he was “in the vanguard of advocating on behalf of labour” about various issues and was targeted by the company as a result.
Prior to his dismissal, he was sanctioned by the company on three separate occasions. However, no disciplinary meetings were held in the case of the first two incidents and he had no opportunity to respond to the allegations against him.
On June 24, 2016, Lorde went to the Wildey, St Michael office of Sagicor to conduct business and was accused of engaging in “verbally abusive behaviour” towards a security guard in the car park while wearing his company uniform.
He was suspended, investigated and disciplinary hearings were held and he was then terminated, prompting him to take the matter before the ERT.
