The Industrial Disputes Tribunal (IDT), after nine months of hearings into the dismissal of a worker at Jamaica Pre-Mix Limited last year, has ordered the company to reinstate the employee with pay effective July 27, 2006 to July 31, 2007.

Ricardo Davis, the employee who was dismissed by the company for "gross misconduct", was represented by the National Workers Union.

Mr. Davis was accused of delivering five cubit yards of cement instead of the 10 cubit yards he was assigned to deliver on July 26 last year.

No proof

However, the NWU argued that there was no proof that Mr. Davis stole the company's products, and that the company failed to substantiate the charges made against him.

According to the tribunal, there was no evidence that anyone saw Mr. Davis pouring concrete anywhere along the route. The tribunal also argued that there was no indication that the accused had taken a long time to complete the journey.

"If that had been the case, reasonable suspicion could have been made with respect to his conduct," the tribunal added.