In a landmark ruling, Farad Mohammed, a former estate constable dismissed from the Trinidad and Tobago Electricity Commission (TTEC) in 2017, has been awarded over $1.1 million in damages. The High Court determined that his termination violated the company’s disciplinary code, marking a significant victory for Mohammed and the Estate Police Association (EPA).
Mohammed’s dismissal followed an internal disciplinary hearing in February 2017, where he was found guilty of tampering with company property. The incident occurred in October 2016 when Mohammed, while on patrol at TTEC’s Frederick Street offices in Port of Spain, noticed the emblem of a company vehicle had come loose. He claimed he placed it in his pocket to prevent it from falling off, intending to reattach it later. TTEC initially charged him with theft and tampering, though the theft charge was later dropped.
Mohammed and the EPA contested the dismissal, arguing that TTEC’s disciplinary code limited the penalty for a first-time tampering offense to a 30-day suspension with a threat of dismissal. However, the Special Tribunal upheld the termination in 2019, stating the code was merely a guide.
In 2020, Mohammed and the EPA, represented by attorneys Kevin Ratiram and Michael Rooplal, sought judicial review. On January 31, Justice Joan Charles ruled that TTEC was bound by its disciplinary code and lacked the authority to dismiss Mohammed. She overturned the tribunal’s decision, ordered his reinstatement, and directed a damages assessment.
During the assessment before Master Wrenerson Lochan, it was agreed that Mohammed’s lost earnings from 2017 to his reinstatement amounted to $924,656.79. TTEC’s legal team argued for a 40% reduction, citing Mohammed’s conduct, but his attorneys countered that the code prohibited dismissal, absolving him of responsibility. Lochan rejected TTEC’s request, ordering the full payment of $924,656.79, plus $87,355.73 in interest and $109,599 in costs, bringing the total award to over $1.1 million.