Robert Adrian Knowles v Bahamas Electricity Corporation

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judgment Date: 22 February 2002
• Docket Number: No.61 of 2001

In the matter of the Industrial Relations Act

Robert Adrian Knowles

Applicant

and

Bahamas Electricity Corporation

Respondent

No.61 of 2001

INDUSTRIAL TRIBUNAL

NASSAU

The Facts:

The Applicant commenced employment with the Respondent on November 14, 1988, as a linesman mate trainee.

The Applicant was summarily dismissed by the Respondent by letter dated April 25, 2001, effective April 26, 2001. At the time of his dismissal he was a linesman with the Respondent, and Shop Steward of Bahamas Electrical Workers Union {hereinafter called, “the Union”}.

The Applicant alleges that he was wrongfully dismissed generally, and in particular, he alleges that he was dismissed in breach of an Industrial Agreement dated May 1, 1998, with duration through April 30, 2003, and made between the Respondent of the one part and the Union of the other.

The Applicant alleges that he was dismissed for “speaking out about the poor and unsanitary working environment within the corporation.”

Pursuant to section 53E(3) of the Industrial Relations [Amendment] Act, 1996, the Applicant prays to the Tribunal for reinstatement in his former or a similar position.

The Respondent avers that it dismissed the Applicant summarily for just cause, and further, that it would be inappropriate and unlawful for the Tribunal to make an Order for reinstatement as prayed, inasmuch as the Applicant had violated all mutual trust, fidelity and confidence inter se; such that his return to the workplace would continue to promote disharmony and be counterproductive.

Representative for the Applicant — Mr. Hurie B.

Bodye Counsel for the Respondent — Oscar N. Johnson Jr. Esq.

DECISION AND REASONS

The Evidence:

1 The Applicant testified that his relationship with the Respondent during the first 10 years of his employment was “pretty good.” He further described his relationship as above average.

2 As a testament to his performance over the years, the Applicant adduced three letters of commendation relative to his efficiency as a linesman.

3 The Applicant said that the conduct giving rise to his summary dismissal was his publication of a newsletter called, My Current View.

4 He testified that he felt it appropriate to use this medium in order to ventilate mutual concerns of the employees as regards safety and sanitary conditions at the Respondent, as well as public interest concerns. He pointed out that he did not write or publish the newsletter on the Respondent's time.

5 He said that during the latter part of January, he was summoned to a meeting with the General Manager, Mr. Bradley Roberts, in the office of the Chairman of the Board of the Respondent. His Department Head, Mr. Kevin Basden, was also in attendance. They inquired as to his motive for publishing the newsletter, and he replied that the newsletter was in response to low morale within the company directly attributed to the prevailing unsanitary conditions under which the employees worked.

6 The Applicant testified that the General Manager's response was that his motive seemed to be genuine, but he invited him to channel his efforts through a newspaper which the Respondent intended to publish sometime in the future. He told the General Manager that he would think about his proposal and get back to him.

7 He said that about one week later, on or about February 9th, 2001, he was summoned to another meeting in the boardroom by his Department Head, Mr. Kevin Basden. In attendance were Mr. Basden and Mr. Richard Adderley, Assistant Human Resources Manager.

8 At this meeting he received a verbal reprimand to cease and desist from any future publications of the newsletter, and the reprimand was reduced into writing as follows:

“February 9, 2001

Mr. Robert Knowles

Linesman

Distribution Maintenance

Bahamas Electricity Corporation

Big Pond

Dear Mr. Knowles:

Re: Reprimand

Reference is made to a meeting held in the General Manager' s office on January 23, 2001 and a meeting held today in the boardroom relative to your printing/publishing and circulating information relative to corporate affairs. In attendance at today's meeting were:

Robert Knowles, Linesman

George Kelly, Union Representative

Richard Adderley, Asst.' Manager, Human Resources

Kevin Basden, AGM, Field Operations

During the meeting on January 23rd, 2001, the General Manager advised you, that amongst other things, your publication was creating disharmony in the workplace and was disruptive to the organization. It contained information that was not correct and that was unprofessional towards employees and customers. You were also advised that you are not the spokesperson for the corporation and that your actions were out of order. You were given an opportunity to address any concerns that you may have in a more appropriate forum. You declined such an offer indicating, “That's not me.”

Today, you were once again advised that your actions, amongst other things, were creating disharmony in the workplace, were disruptive to the organization and that you have no authority to speak on behalf of the corporation. Your circulars contained inaccurate, erroneous and potentially slanderous information. It was indicated that there are avenues for matters and/or concerns to be addressed in a constructive manner. You are once again advised to cease and desist from such actions.

In response to the above, you indicated that you have a right to publish and distribute such communications and that you will continue to do so in spite of concerns raised by the corporation and in spite of instructions to cease from doing so. You indicated that on Monday, February 12, 2001, you would be on the street corner handing out the circular. You also indicated that you gladly await a letter from the corporation so that you may take it to the general public and the news media. Further, you stated that to date, you already circulated information to the news media and to others outside of BEC. Additionally, you indicated that you are prepared to go on “talk shows” to let people know how you feel and that you are prepared for a long drawn out battle in the news media.

Robert, as indicated, the corporation will not allow or condone such negative and disruptive behavior by an employee. Your actions constitute breaches of discipline and you are once again advised to cease and desist from the same. Should you continue to demonstrate such behaviour, inclusive of the publication and distribution of such circular, further disciplinary action will be taken.

Sincerely,

Kevin Basden

Assistant General Manager

New Providence Field Operations

cc. Mr. Bradley Roberts, Acting General Manager

Mr. Darville D. Walkine, AGM, Administration

Mr. Cyril G. Thompson, Senior Manager, System Control & Distribution Maintenance

Mr. Richard Adderley, Human Resources Department {for Dossier}

Mrs. Patricia Johnson, Secretary General, Bahamas Electrical Workers Union”

9 The Applicant testified that after he received this letter he showed it to Union executives, and then decided to discontinue all future publications thereof. He then notified employees by memorandum dated February 12, 2001 as follows:

“ As I predicted in my past publications, when I started to get too close to the truth those in authority at BEC will start to victimize and threaten me. Last week Friday, Mr. Basden requested me to attend a meeting in the boardroom at BEC. During the meeting I was commanded to discontinue all future publications and circulation of my newsletters within the Bahamas. Mr. Basden verbally and in writing threatened further punishments if I disobeyed his list of commands. I was not aware that Mr. Basden had that kind of authority to demand such a request. Thus until my legal counsel can inform Mr. Basden, who says he is acting on behalf of the corporation of my constitutional rights and privileges I have decided to discontinue the circulation of my publications within the corporation. I realize that I am subjected to the authority of the corporation during working hours, but due to the fact that the corporation has no authority over my private life, I am pleased to announce the commencement of the public distribution of my newsletter starting on Saturday. Readers will be able to receive their free copy at both of the Malls each week. Interested employees can contact me for their free copy which will be delivered after working hours.

I advise those in authority at BEC to utilize the services of the corporation's legal counsel before taking any future action against me because of my private publications. I further remind them that I did not take an oath of secrecy nor am I entitled to keep any during my private life. I therefore caution the person or persons in authority acting out of malice or on behalf of the corporation, that any attempt to endanger my career because of my personal affairs, will result in very strong legal action against all concerned parties.

I have also written the Prime Minister to update him on my present dilemma with the hope that he will stop the persons in authority with vengeance in their hearts. I have attached a copy of my letter to the Prime Minister and the letter from Mr. Basden. I have nothing to hide, and will not be intimidated by threats. My rights are protected by The meeting was in reference to recent publications issued by you that contained erroneous, inaccurate and potentially slanderous information that was most offensive to EEC.

Prior to today, you were cautioned about the content of the publication that you were producing and circulating, particularly during a meeting with the General Manager on January 23, 2001 and with the AGM Field Operations on February 9, 2001. Subsequent to the meeting that was held on Friday, February 9, 2001 and the corporation's letter of the same date to you on its position concerning this issue, you released yet another publication along with...