BWIA to pay 3 engineers $100,000

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BWIA to pay 3 engineers $100,000
Trinidad Guardian

The Industrial Court has ordered BWIA International Airways Limited to pay
a total of $100,000 to three of its workers, which it had sent on extended
leave. Chairman of the Essential Services Division of the court, Cecil
Bernard, and court member Judy Rajkumar-Gualbance ruled in favour of the
Superintendents' Association, which represented the workers.
J Manswell, a labour relations consultant, appeared for the association and
Percy Cezair, an industrial relations consultant, for BWIA. BWIA sent three
of its senior engineers, Curtis Barrow, Stephen Israel and Jefferson Joseph
on vacation leave for extended periods. The first two were sent on May 10,
1999 and the other on June 11, 1999.
In a 14-page ruling, the court said the circumstances in which the three
were sent on leave suggest the existence of an uncomfortable working
environment at the time."We hold that the company acted unreasonably
towards each of the workers in sending them on leave without adequate
notice after permitting them to accumulate an excessive amount of leave
through having denied their application for leave year after year to meet
the convenience of the Company," the court said.

The court ordered BWIA to pay Barrow $40,000, Israel $25,000 and Joseph
$35,000. The court ordered that the sum be paid before on or before
tomorrow. The court said the award for Jefferson only takes into account
the decision to send him on leave, and not to terminate his
services.  Barrow had testified that he got a letter from Kemchand Rampaul,
vice- president, Maintenance and Engineering, which claimed his performance
over the past eight months "has not been of the high quality expected". He
was told to proceed on six months leave. Barrow said he was very surprised
by Rampaul's comments since he was not advised of any unsatisfactory
performance. Israel testified that he began working at BWIA in 1971. On May
12, 1999, he said Anthony Hosein, acting Manager, Engineering, said Rampaul
said he must go on leave immediately. He stayed on leave until October
1999. Jefferson Joseph, the head of the association, said he was ordered to
continue on leave until all his leave ended in 2000. He said in February
2000, his services were discontinued. Cezair submitted the company asked
the three to proceed on leave because their leave had been accumulating to
excessive levels. He said the request was not a penalty.



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