The Eastern Caribbean Supreme Court of Appeal has overturned a 90 percent reduction in compensation awarded to Jacob James, a former Texaco employee, in an unfair dismissal case.
James, a long-serving supervisor at Texaco’s aircraft fuelling operation at VC Bird International Airport, was dismissed in February 2006 for gross misconduct after being accused of unauthorized removal of 11.4 gallons of diesel.
In 2012, James challenged his dismissal before the Industrial Court, seeking compensation for wrongful dismissal, unpaid vacation leave, and other entitlements.
The Industrial Court found James significantly contributed to his dismissal, reducing his compensation by 90 percent.
Dissatisfied, James appealed, arguing that such a drastic reduction was rare and unwarranted.
Texaco contended the court’s decision was justified given James’s fiduciary duties.
However, the Appeal Court determined the Industrial Court erred in its assessment and reinstated the full compensation of $220,500, with interest accruing from June 2021 until payment. (With Reporting From the Daily Observer)
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This is a very instructive judgment.
In my opinion, some persons in ‘high’ places appear to be in pain when it comes to dispensing justice to the poor man.
Some of these persons WANT TO GO EASY ON THEIR FRIENDS WHEN THEY ARE FOUND WANTING, so they come up with all kind of ‘things’ to minimize compensation for the poor man.
I am glad that this poor man had the resources and the fortitude to Appeal.
I know it is not cheap to do and MANY POOR PERSONS HAD TO ACCEPT JUDGEMENTS WHEN THEY KNOW THEY DID NOT GET THEIR JUSTICE.
Congratulations Mr. Jacob James. Congratulation to your legal team.
You have given an example to other workers out there. Make the sacrifice and fight for your rights.
Unfortunately, when some persons are not aware or grounded in the knowledge of the fights our Labour Ancestors had to go through to get us that MAGNIFGICENT DOCUMENT (OUR LABOUR CODE), they force us to fight battles that have already been won decades ago.