By Halshane Burke
The Industrial Disputes Tribunal has ordered Windalco to reinstate a former employee and pay him $2.5 million.
The company had dismissed Ainsley Robinson for alleged breach of contract for claiming payment for hours that the company said were not actually worked.
In handing down the decision in favour of Mr Robinson, the IDT also said that if Windalco failed to reinstate him as directed, the company would be obliged to pay him four million dollars for his unjustifiable dismissal.
Windalco had claimed that it suffered a financial loss of $467,250 as a result of the alleged action of Robinson.
However, after hearing submissions from attorneys representing Windalco as well as the Union of Technical, Administrative and Supervisory Personnel, the IDT said that Mr Robinson should be reinstated on or before January 13, 2025 and paid the sum as directed.
The IDT panel heard that on October 29, 2020, Mr Robinson was asked to act in the vehicle shop until November 2, 2020, as a vehicle shop facilitator and acting team leader.
This came about while another employee was away from work in quarantine after he contracted COVID-19.
Mr Robinson was later fired from the company, after Windalco said he made claims for payment for hours he did not work while acting in the role.
After Mr Robinson's dismissal, the company advised him of his right to appeal. He appealed but the decision to terminate his contract was upheld.
In arriving at its conclusion, the tribunal based its findings on the fact that Mr Robinson was asked to act in the position of vehicle shop team leader as a result of someone contracting COVID-19, without him being trained in the appropriate discipline. He had never acted in that position before.
The tribunal also agreed with the factual findings of the disciplinary panel at Windalco that Robinson did not knowingly attempt to defraud the company of $467,250.
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