The Government’s decision to dissolve the Tourism Development Company (TDC) has been halted, according to Joseph Remy, secretary general of the Communications’ Workers Union (CWU).
“We got the injunction granted against the TDC. So they are restrained from entering from any individual contracts with any employee. They are also restrained from terminating the services of any employee until the substantive industrial relations offences are heard before the court,” he told the T&T Guardian last night.
The court granted the injunction last night.
The original decision to dissolve the TDC was announced by Tourism Minister Shamfa Cudjoe during a post-Cabinet news conference at Magdalena Grand Beach Resort on March 8.
The CWU immediately opposed the move and filed an industrial relations matter against the company.
He said the next step is that the remaining matters before the court must be heard.
“The company might want to appeal but what is happening today is a very significant victory for the union and for the workers as the attempt to terminate them has been stopped in its tracks by the Industrial Court and by the strong arguments put forward by the union,” he said.
He said on Thursday the TDC wrote letters to the workers wanting to terminate their employment without engaging the union in discussion about what will happen next.
“The TDC did indicate publicly that they would create two companies which will continue to carry on the tourism marketing and management functions. But they are not giving employees the opportunity to apply to go into those companies. In a sense, what the Court has said to them is that they should stop what they are doing,” he said.
Remy said the union will continue to engage with the Ministry of Tourism and the TDC in discussions on how workers will transition into the successor company.
“What are the terms under which will transition? Who will transition? The terms of conditions of those who are not willing to transition. That is the discussion that is necessary right now,” he said.
On Thursday, employees of TDC refused to sign severance letters given to them by chief executive officer of the company Cliff Hamilton who called the workers to a meeting telling them it was an “unpleasant task “for him, but he said “ he had been “given an instruction by Corporation Sole,” to give them the letters.
The meeting took place hours before the company and the representing CWU were due to meet at the Industrial Court. Hamilton, who was appointed shortly before Cudjoe announced the Government’s decision to close down the TDC, told the workers “Corporation Sole (the Minister of Finance) is now responsible for the TDC.” He said, “I was given the task for advise all staff members of the decision of Corporation Sole to sever relationships and to afford everyone an opportunity to be informed as to what their package involves and to seek to have everyone sign the letter that basically says what I am getting is what I expected and I am not holding the company responsible for anything going forward.”
In an audio recording of the meeting, obtained by the T&T Guardian, workers were heard telling Hamilton “this is not legal! This is very unfair to us!” One worker said, “We unionised and I am not sure what is this about, have negotiations broken down? We still in that process, I am not sure how a package could be presented.”
In response, Hamilton said, “I was not involved in negotiations with the union, the chairman was involved I was given instructions this is what has to be done.”
As their questions and comments flowed he could provide no help or reassurance, telling them “I heard you but I have been given instructions what to do.” He said he was merely “a vessel to deliver a message, this is handled by Corporation Sole.”
