Anand was instructed in an employment law appeal for a trade union resisting a government employer’s decision to dismiss an employee. The employer had elected to bring disciplinary proceedings against the employee after his acquittal by a Magistrates’ Court of a minor allegation of theft of petrol. The disciplinary proceedings were unduly prolonged. The union for the employee successfully challenged the delay as being in breach of a collective agreement and his reinstatement plus back-pay was ordered. The employer appealed arguing essentially that reinstatement plus back-pay was wrong, it not having proper opportunity to address it and that the case should sent back for an assessment of damages instead. Anand led Lemuel Murphy and Ganesh Saroop in successfully arguing for the union that the delay made the appeal unmeritorious, the order reinstatement and back-pay should stand and that the appeal should in any event be dismissed pursuant to a statutory proviso because no substantial miscarriage of justice occurred. They were instructed by Alvin Pariagsingh (Trinidad).
Cases | 17 Jul 20