Summary
The Union members, formerly the Engineering Department personnel, were placed on administrative leave with their employment later terminated for an industrial action which saw the Company suffering $30 Million in losses.
The Company contended that the matter was not an industrial dispute per the LRIDA and as such the workers’ withdrawal of services was unlawful and contractually repudiatory, noting as well the cyber-criminal disruption of their operations, the Company’s summary dismissal was justified and reasonable.
The Workers contend that the summary dismissal was unfair, unreasonable and unjustified as none of the Workers were subjected to a disciplinary procedure nor provided any justification for their dismissal nor was the Union advised of any of them committing any breaches which would have warranted a disciplinary procedure and as such amounted to a violation of natural justice.
The IDT held that there was an industrial action and that the Workers were culpable for the cyber-crime committed. The IDT found that the Company had justifiable grounds to dismiss the workers but erred by not commencing any disciplinary procedures to terminate them.
Consequently, the IDT ruled that the industrial action undertaken by the Workers was unfounded, disruptive, and caused the Company to suffer significant losses, but the dismissal was unjustified However, given the divestment that commenced, the Workers are to each be rewarded five months basic pay.
