IDT orders Windalco to reinstate, pay $2.5 million to dismissed worker
Published:Saturday | January 4, 2025 | 12:09 AM
The Industrial Disputes Tribunal (IDT) has ordered UC Rusal Alumina Jamaica Limited (Windalco) to reinstate a former worker and pay him $2.5 million, after the company dismissed him for alleged breach of contract for claiming payment for hours that were not actually worked.
In handing down the decision on December 31, 2024, in favour of Ainsley Robinson, the IDT also said that if Windalco failed to reinstate Robinson as directed, the company would be obliged to pay the former worker $4 million for his unjustifiable dismissal.
As part of the dispute that was referred by the Ministry of Labour and Social Security to the IDT, Windalco claimed that it suffered a financial loss of $467,250 as a result of the alleged action of Robinson.
However, after listening to submissions from attorneys representing Windalco as well as the Union of Technical, Administrative and Supervisory Personnel (UTASP), led by its general secretary St Patrice Ennis, the IDT said that Robinson must be reinstated on or before January 13, 2025 and paid the sum as directed.
Nevertheless, one of the three members on the IDT panel who presided over the hearing was not in agreement with the award made by her colleagues.
Dr Jacqueline Irons said she was in full agreement with the issues identified, the analyses in support of the issues and the conclusion reached in respect of the unjustifiable dismissal of Robinson. However, Irons said she recognised that Robinson was employed on a fixed-term contract which would have expired on July 31, 2021, as stated in his contract of employment, and the tribunal does not possess the power to order reinstatement beyond the expiration date. She said this was in accordance with a Supreme Court judgment between Clayton Powell, the IDT and the Montego Bay Marine Park Trust.
Irons concluded that Robinson should be compensated the sum of $1 million for his unjustifiable dismissal.
The other panellists were Sharon Anderson (chairman) and Denese Morrison.
The IDT panel heard that on October 29, 2020, Robinson was asked to act in the Vehicle Shop until November 2, 2020, as a vehicle shop facilitator and acting team leader. This came about after another employee was away from work in quarantine after he contracted COVID-19.
Robinson was later separated from the company, after Windalco said he made claims for payment for hours he did not work while acting in the role.
NOT TRAINED FOR ROLE
After Robinson’s dismissal, the company advised him of his right to appeal. Robinson appealed but the decision to terminate his contract was upheld.
In arriving at its conclusion, the tribunal based its findings on the fact that Robinson was asked to act in the position of vehicle shop team leader as a result of someone contracting COVID-19, without him being trained in the appropriate discipline. He had never acted in that position before.
The tribunal also agreed with the factual findings of the disciplinary panel at Windalco that Robinson did not knowingly attempt to defraud the company of $467,250.
“Based on the evidence and an inquiry into the overall substance and procedures surrounding the dismissal, the tribunal found that the company did not act fairly nor reasonably when it terminated the services of Mr Robinson. We have therefore concluded that the termination of Mr Robinson was unjustified,” the IDT panel concluded.