The Steel Workers Union (SWU) has escalated its legal battle against the Desalination Company (Desalcott) by appealing the Industrial Court’s dismissal of their complaint regarding actions taken during the COVID-19 pandemic. The court’s September 26 ruling, delivered by Vice President Hubert Soverall and Essential Services Division Chairman Larry Achong, concluded that Desalcott did not violate any laws by enforcing pandemic-related measures. However, court member Gregory Rousseau dissented, arguing that the company unlawfully locked out workers who refused the COVID-19 vaccine and breached the Industrial Relations Act by implementing a unilateral “rotation” policy that sent employees home without pay. Rousseau’s dissenting ruling, issued on November 5, ordered Desalcott to reinstate affected workers by November 10 and compensate them for lost wages and benefits dating back to June 17, 2021. The company was also fined $20,000 for the industrial relations offense. The case originated from a July 2021 union complaint after unvaccinated employees were instructed to stay home indefinitely. Rousseau criticized Desalcott for failing to consult workers before imposing the policy and later replacing their positions, effectively terminating their employment without notice or cause. He emphasized that no law authorized employers to place workers on unpaid leave, highlighting the government’s failure to address industrial relations issues arising from the pandemic. In contrast, Soverall and Achong’s majority ruling defended Desalcott’s actions, stating the company acted in compliance with existing laws and government directives, prioritizing public health and worker safety. They acknowledged the challenges posed by rapidly changing regulations and the company’s efforts to act in good faith. The case underscores the complexities of balancing public health mandates with workers’ rights during unprecedented crises.
Steel Workers Union appeals Industrial Court’s Desalcott covid19 ruling
