THE PLUMBERS ASSOCIATION OF TRINIDAD AND TOBAGO At the Public Service since 1998.
13 BELMONT CIRCULAR ROAD, BELMONT, P.O.S Telephone: 6276740/6230720/2985527 Fax: 6249162 Email: tpattcorres@gmail.com
12th July 2011 Dion Abdool Chief Corporate Officer WA T E R A N D SEW E R A G E A U T H O R I T Y Head Office ST. JOSEPH Dear Sir, R E:
WASA D E C I S I O N N O T T O R E N E W SA N I T A R Y CONST R U C T O R DES M O N D HAY N ES L I C E N C E
TPATT received disturbing information that Desmond Haynes a Licensed Sanitary Constructor (LSC) for the past thi r ty six (36) years, was unceremoniously denied renewal of his l icence by letter dated 27th June2011, without the LSC given prior notice of any wrong doing on his part, especially since his licence was renewed in 2009. What further exacerbates the situation is, Mr. Haynes, the President of the Plumbers Association of Trinidad and Tobago (TPATT), has been meeting and communicating with officials of the Authori ty on a regular basis. If th is office is t reated with such procedural unfairness, what will be the fate of the rest of the plumbing community? As a society we are fortunate that those before us enacted legislation to ensure order and fairness prevails through a system of due process. It is also unfortunate that a fe w among us especially those in high office, show contempt for those laws and invi te disorder. TPATT calls for Desmond Haynes licence to be renewed with dispatch, as the Authori ty decision to deny the renewal, is a miscarriage of justice.
To promote competency, and professionalism, in the Plumbing Industry; to safeguard and protect the environment, and the health of our twin-island Republic.
The procedural unfairness referred to, is the failure of the Water and Sewerage Authori ty (WASA) to observe due process, violation of the Water and Sewerage Act Section 69(3), and the non-observance of the principles of natural justice. • The Water and Sewerage Act Chapter 54:40 Section (69), governs Sanitary Constructors and Section 69 (3), (4), and (5), deals with due process regarding misconduct and /or inf r ingement of the Act. Section 69 (3) states: ‘The Authori ty may at i ts discretion suspend or cancel the l icence of a sanitary constructor w h o is gu i l t y of m iscon d u c t (my emphasis) in the performance of his duties under this Part or the Regulations.’ • There is no sentence or word in the letter dated 27th June 2011, (attached) that advises Desmond Haynes that he is guilty of misconduct. There was also no prior correspondence to him that indicated any infr i ngement of the WASA Act Chap.54; 40. • ‘Who is guilty of misconduct’ are the operative words in Section 69(3). It is only when someone is found gu i l t y that WASA can use their discretion under the Act to suspend or cancel the licence of a sanitary constructor, to do otherwise wil l be acting in violation of th is section of the Act. • How then was guilt found, how was i t established? The only t ime Desmond can be found guilty is by the Authori ty providing evidence, charging him or informing him of allegations of misconduct made against him, through a process and /or procedure that is fair, t ransparent, and in keeping with natural justice. T h i s w as no t do ne. • T h e t h r e e essen t i a l r e q u i r e m e n t s of na t u r a l j us t i c e a r e: 1. That the person charged knows the allegation against him / her, 2. That the person be given an opportuni ty to be heard in his /her defense 3. That the investigation body acts fairly and in good faith.” •
None of the above was applied in Desmond Haynes matter. He was not informed of any charge or allegation. As such he was not given an opportuni ty to make any defense. The investigating body therefore did not act fairly or in good faith.
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TPATT finds i t difficult to comprehend WASA’s decision and would not want to believe the decision was influenced by unrelated recent public statements made by Mr. Haynes regarding WASA in tervention in an Estate Management and Business Development Company Limited (EMBD) project. It is difficult to comprehend how WASA Board of Commissioners could have made such a decision that is so procedurally flawed, and impact so negatively on Desmond Haynes business and the plumbing Arriving at a decision not to renew Desmond Haynes licence has no bases or justification, as due process was totally absent with WASA acting as JUDGE, JURY, and EXECECUTIONER. Such an approach is backward, i l legal and could only be termed a t ravesty of justice. TPATT reiterate i ts call for Mr. Desmond Haynes l icence to be renewed wi th dispatch.
FOR AND BEHALF OF T H E P L U M B E R S ASSO C I A T I O N O F T R I N I D A D A N D T O B A G O
RALPH HAYNES Executive Secretary cc -
Chief Executive Officer Min ister of Public Ut i l i t ies Corporate Legal Officer, RIC
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