(Trinidad Guardian) On the day Dale Lemessy got his letter of retrenchment, he got the shocking news that his wife Dana was having triplets.
He started to shake and felt sick in his stomach. They already had three children- aged 12, seven and two-years-old – to care for and with three more on the way, Lemessy was worried about how he would put food on the table.
To make matters worse, Lemessy alleged that his employer Inland and Offshore Company Limited never paid him a cent of severance.
His severance calculated in March was $83,000 and this brought a bit of solace, but as the pregnancy progressed and no severance was paid, Lemessy grew despondent. Every week he would go to his employers begging them to pay.
Now that the babies are born and Dana is hospitalised, Lemessy has joined 20 of his colleagues to take legal action against the company.
Speaking to Guardian Media on Thursday, Lemessy said he was disappointed that IOCL had failed to pay severance as promised.
“I worked since 2007 for the company and I was paid $37 an hour. Between 2012 to 2019, our negotiations were tied up in court so we never had any increases. I feel very unhappy about this. I called my bosses to let them know I now had six children to maintain and they told me that Petrotrin owes them money and if that money is not paid, they cannot pay severance,” Lemessy said.
In desperation, he spoke to his councillor Shankar Teelucksingh last week, who organised legal assistance from attorney Gerald Ramdeen.
Teelucksingh said that each of the workers was given a letter of retrenchment which included a calculation of severance. However, he said yesterday, many of them have not received any money.
“Not a single step has been taken or initiated by the Ministry of Labour or the union to ensure that the workers receive what they are entitled to by law. They have been suffering without an income for more than six months,” he explained.
Teelucksingh said those who received severance were heavily taxed even though their benefits did not cross the specified tax break.
“The company said they got a directive from the Board of Inland Revenue to tax the severance but under the law, the BIR does not tax severance that crosses $300,000. These benefits did not accrue to that amount yet they still faced heavy taxes from the company,” Teelucksingh alleged.
He added that six months have passed since the last set of retrenchment took place and workers were still waiting for their money.
“Today employees are struggling to meet their commitments to the banks, to send their children to school, to provide for their families and to meet their most basic needs. This they must face without any assistance from the government, the Minister or Labour or the State. Before the closure of Petrotrin, the government was warned that the ripple effect of this decision would force unemployment of thousands of workers. That reality has come to pass,” Teelucksingh said.
He explained that all of the retrenched workers will be taking individual legal action against the company for failure to pay severance.
IOCL was one of the three main contractors which provided marine transport to Petrotrin’s Trinmar Operations.
In a letter of retrenchment obtained by the Guardian, IOCL stated, “Once our contract with Petrotrin is terminated, all positions will become redundant.” Efforts to contact IOCL’s Human Resource and Industrial Relations consultant Suren Dookie proved futile as calls to the office lines went unanswered.