Senior Reporter
derek.achong@guardian.co.tt
A subsidiary of the Furness Group of Companies has been ordered to pay $80,000 to a chef, who was terminated after being accused of leaving the door to a freezer open.
Industrial Court Judges Kathleen George-Marcelle, Patrick Rabathaly, and Stephanie Fingal ordered the compensation earlier this month as they upheld a trade dispute brought against FEP Services Limited by the Banking, Insurance, and General Workers’ Union (BIGWU) on behalf of Chandelle Pierre.
“Upon mature deliberation, it is held that the worker Chandelle Pierre was dismissed in circumstances that were harsh and oppressive and not in accordance with the principles of good industrial relations and practice,”
The case related to a decision by the company, who provides support services for the group, to terminate Pierre in February 2023.
Pierre joined the company as a chef in August 2022 and successfully completed her probation period.
She was on vacation leave in January 2023 when she received a letter from the company reprimanding her for leaving the freezer in the pantry of the company’s building open.
Pierre denied any wrongdoing as she claimed that she was not allowed to access the freezer without the supervision of senior staff members.
She also contended that she had made a complaint over the seal for the freezer door being defective and it was not accessed.
After she was eventually dismissed, the union filed the case before Pierre alleging that her termination was flawed as she was not warned or subjected to a disciplinary hearing.
The company resisted the case as it claimed that its actions were justified.
It claimed that a senior manager spoke to Pierre after it was discovered that the freezer was left open causing its contents including meat to spoil.
It was claimed that Pierre was warned about the freezer when she was first hired as the door had been left open by previous employees in the past.
It claimed that when Pierre was informed of the incident, she was defensive and rude to the manager.
It alleged that the decision to terminate was based on previous warnings, Pierre’s response to being warned about her purported omission, and concerns over the health and safety of the company’s executives, who she was assigned to prepare meals for.
The union was represented by Matthew Gayle while Anderson Modeste represented the company.