THE PLUMBERS ASSOCIATION OF TRINIDAD AND TOBAGOAt the Public Service since 1998.13 BELMONT CIRCULAR ROAD, BELMONT, P.O.STelephone: 627-6740/623-0720/298-5527 Fax: 624-9162 E-mail: tpattcorres@gmail.com

12th July 2011

Dion AbdoolChief Corporate OfficerWATER AND SEWERAGE AUTHORITYHead OfficeST. JOSEPH

Dear Sir,

RE: WASA DECISION NOT TO RENEW SANITARY CONSTRUCTOR DESMOND HAYNES LICENCE

TPATT received disturbing information that Desmond Haynes a Licensed Sanitary Constructor (LSC) for the past thirty six (36) years, was unceremoniously denied renewal of his licence by letter dated 27th June2011, without the LSC given prior notice of any wrong doing on his part, especially since his l icence 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 Authority on a regular basis. If this office is treated 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 few among us especially those in high office, show contempt for those laws and invite disorder.

TPATT calls for Desmond Haynes l icence to be renewed with dispatch, as the Authority decision to deny the renewal, is a miscarriage of justice.

T o p r o m o t e c o m p e t e n c y , a n d p r o f e s s i o n a l i s m , i n t h e P l u m b i n g I n d u s t r y ; t o s a f e g u a r d a n d p r o t e c t t h e e n v i r o n m e n t , a n d t h e h e a l t h o f o u r t w i n - i s l a n d R e p u b l i c .

The procedural unfairness referred to, is the failure of the Water and Sewerage Authority (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 infringement of the Act. Section 69 (3) states:

‘The Authority may at its discretion suspend or cancel the l icence of a sanitary constructor who is guilty of misconduct (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 infringement 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 guilty that WASA can use their discretion under the Act to suspend or cancel the licence of a sanitary constructor, to do otherwise will be acting in violation of this section of the Act.

How then was guilt found, how was it established? The only time Desmond can be found guilty is by the Authority providing evidence, charging him or informing him of allegations of misconduct made against him, through a process and/or procedure that is fair, transparent, and in keeping with natural justice. This was not done.

The three essential requirements of natural justice are:

1. That the person charged knows the allegation against him/her,2. That the person be given an opportunity 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 opportunity to make any defense. The investigating body therefore did not act fairly or in good faith.

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TPATT finds it 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 intervention 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, il legal and could only be termed a travesty of justice.

TPATT reiterate its call for Mr. Desmond Haynes l icence to be renewed with dispatch.

FOR AND BEHALF OFTHE PLUMBERS ASSOCIATION OF TRINIDAD AND TOBAGO

RALPH HAYNES Executive Secretary

cc - Chief Executive OfficerMinister of Publ ic Util itiesCorporate Legal Officer, RIC

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