IDT orders Petrojam to pay 12 months salary to former HR Manager

by February 20th, 2019

Petrojam’s former Human Resource Manager, Roselee Scott-Heron who was fired in December 2016 has been awarded 12 months’ salary as compensation by the Industrial Disputes Tribunal, IDT.

The IDT ruled on Monday (February 18) that Mrs. Scott-Heron be paid the 12 months’ salary for unjustifiable dismissal.

She had contended that the termination of her employment on December 23, 2016 by then General Manager Floyd Grindley was unfair and unjustifiable.

The position was later filled by Yolande Ramharrack.

According to the IDT ruling obtained by Irie Fm News, oral submissions were made during 7 sittings between February 5 and October 23 last year.

Petrojam had argued that Mrs. Scott-Heron failed to live up to the performance requirements of the position and that her performance was poor adding that the termination of her employment was a result of the general manager’s dissatisfaction with her performance and her ability to manage her portfolio.

Petrojam’s attorney admitted that the procedures in relation to due process and the processing of her termination were not adhered to.

The Petrojam attorney further noted that Mrs. Scott-Heron had multiple opportunities to accept a reasonable settlement offer from the company.

In the meantime Mrs. Scott Heron’s attorney Simone Mayhew in her submission, outlined that her client was told that she would receive one month’s pay in lieu of notice.

Mrs. Mayhew argued that her client had pointed out to the former Petrojam Manager that the terms of her contract did not give the company the right to offer the payment but said this was ignored.

The IDT also heard that prior to her clients employment termination the company did not express any dissatisfaction with Mrs. Scott-Heron’s execution of her duties and that she was never the subject of any disciplinary complaint or proceeding.

Mrs. Scott- Heron’s attorney also stated that Petrojam provided no evidence to support its allegations of poor performance.

The attorney further told the IDT panel that a fair and reasonable award for Mrs. Scott-Heron would be compensation of no less than three years’ salary.

The tribunal also heard that the former HR Manager was fired a month after the General Manager had been on the job.

The tribunal in its response noted that the former HR Manager was not advised of any failure on her part that necessitated her dismissal.

It concluded that the way in which she was fired was a breach of the Labour Relations Code and the rules of Natural Justice, and it was unfair, unreasonable and unjustifiable.