The General Secretary of the Dominica Trade Union (DTU) Bernard Nicholas is calling on the Managing Director of West Indies Aggregate Jacque Garddakhan to pay up monies due to Smith Roberts – a former employee for 15 years, who was allegedly wrongfully dismissed in 2007.
Nicholas said if Garddakhan fails to comply the matter will go to the courts.
Nicholas, who spoke exclusively to Dominica News Online, said that a tribunal which recently ruled in favour of Roberts ordered Garddakhan to compensate Smith over 34 weeks of pay, plus vacation leave.
“The tribunal have given its award and it awarded in favour of Mr. Smith Roberts. Based on that now, they are ordered to pay compensation to Mr. Smith equivalent to four weeks salary in lieu of notice because he was not given notice,-equivalent of 34 weeks salary- that was for the period that he was dismissed.
He added, “An amount of compensation for any vacation leave accrued as at the date of his termination if applicable. Now we know that he did not get vacation leave in January, he was dismissed early so therefore he was entitled to his vacation leave, that’s another four weeks he is supposed to get.”
Nicholas said that Roberts was dismissed because he participated in a strike action against Garddakhan in 2007. The union’s general secretary said that following the strike Garddakhan was successful in a tribunal against the DTU.
“So based on that Garddakhan took strength from that and proceed to victimize some of the workers – those he felt were more versed in the law and those who were more serious about their rights … Mr Smith Roberts was one of them. But Mr Smith Roberts dismissal came after they had dismissed one of the shop stewards, another member through victimization; that matter is before the tribunal before Mr. Smith case. That was in 2007. Mr Smith Roberts was dismissed after that,” Nicholas explained.
According to Nicholas, the current tribunal also ruled that from that quantum, Garddakhan is supposed to pay Roberts 50% of that accrued amount, on or before the March 15, 2010, and the other half on or before the end of April, 2010.
Nicholas claimed that Garddakhan has been ignoring attempts to negotiate with the DTU, and is concerned that he will continue ignoring the DTU and not pay up his dues. He reiterated that the DTU will take the matter to court if the compensation is not paid on time.
“We wrote to Mr. Garddakhan on the 19 of February 2010 reminding him of what the tribunal has said and that we would like him to deal with this matter as soon as possible. The reason why I am making this statement is because I know how Mr. Garddakhan works, and he will try to ignore what was said and he will play around and Mr. Smith may not get his money,” Nicholas claimed.
According to Nicholas, they have not received any response from Garddakhan on the matter. “Once he has been given a date to comply, after 14 days the party that is aggrieved can file that report in the court and once it is filed in the court it has the same strength and authority as if it was a decision by the Magistrate Court. To avoid us having to take the matter to court, we wrote to him and ask him to deal with that matter as quickly as possible and that we will not have to take that matter further to the court,” he added.
Efforts to reach Jacque Garddakhan for a response on the matter have been futile.
HERMISHA ROLLE/STAFF REPORTER.
Smell d Coffee have respect for Mr Nicholas. A ? for u what are you doing for yourself to take the rightfull place in Dominican society. So you will not call the Elderly folks old . They have done their party and there is no time for crticisng now you need to fall on board!!!!!!
Make sensible comments that are in line with the article at hand.
I agree let him pay.. make a typical example for others out there with no respect and regards for employees
uncle you to old for that. now is time 4 u to free up uncle. u want to past away b4 that case ?
Garddakhan is taking Dominicans for fools. He needs to pay up. He has made millions from our country and need to treat us with more respect. It’s time that the government begin looking at other alternatives … Dominica is a free country and everyone has a right to free speech and right to strike against … Garddakhan.