Trinidad man lost job and got shock­ing news of triplets on the same day

Retrenched IOCL worker Dale Lemessy and his wife Dana stand outside the San Fernando Teaching Hospital just before a doctor’s visit. Lemessy is among 20 workers who filed legal action against IOCL for failure to pay severance.
Retrenched IOCL worker Dale Lemessy and his wife Dana stand outside the San Fernando Teaching Hospital just before a doctor’s visit. Lemessy is among 20 workers who filed legal action against IOCL for failure to pay severance.

(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.