Published:
Sunday, April 17, 2016
Joel Julien
joel.julien@guardian.co.tt
A legal matter has commenced between two of the leading online recruitment agencies in this country.
In the face of competition for clients during this country’s tough economic times Trinidadjob.com Recruitment Services Ltd has threatened legal action against Saongroup Caribbean (Trinidad) Ltd trading as Caribbeanjobs.com over what it claims is “unfair competition.” Trinidadjob.com is now seeking more than $400,000 in damages from Caribbeanjobs.com.
Trinidadjob.com, which has been incorporated since August 2011, promotes itself as the “#1 recruitment website in Trinidad and Tobago.”
It has deemed Caribbeanjobs.com as its “only noteworthy online competitor.” Both websites advertise jobs and boast over a quarter million users each month.
The current threat of legal proceedings stems from an April 1 post by Caribbeanjobs.com to its website and Facebook page in which it linked Trinidadjob.com to an advertisement by Homes TT Limited.
Trinidadjob.com did not find it funny. Attorney Neela Ramsundar sent a pre-action protocol letter on behalf of Trinidadjob.com and Homes TT to Stuart Shanahan the managing director of Saongroup Caribbean (Trinidad) Ltd on Tuesday. On March 31 HomesTT.com entered into a written contract with Caribbeanjobs.com.
HomesTT.com is primarily engaged in facilitating the rental and sale of real estate within T&T for profit from a web-based platform.
“The contract encompassed the provision of a one-week advertising slot on Caribbeanjobs.com from April 1 to April 7 on a free-trial basis for recruitment of an IT Technician,” the pre-action protocol letter states.
Homes TT provided its company logo and profile for uploading to the Caribbeanjobs.com website.
However, what appeared on Caribbeanjobs.com was an advertisement which stated “HomesTT.com on behalf of Trinidadjob.com.”
The advertisement incorporated the logos of both HomesTT.com and Trinidadjob.com.
“Of your own volition, without any prior communication, inquiries or notice to the intended claimants, you, your servants and/or agents posted on your Caribbeanjobs.com website and Facebook page an utterly false and misleading logo of your own creation,” the pre-action protocol letter states.
“Your motives in crafting the deceitful logo were made clear when you commented above the false ad on the said Facebook page as follows ‘We’re so good even other job boards use us. What can we say? Everyone needs good staff’,” it states.
The letter states that “at no material time” was HomesTT.com acting on behalf of Trinidadjob.com.
“The intent and purpose of the false logo and the accompanying Facebook comments was clearly to reduce the standing and goodwill of Trinidadjobs.com in the eyes of the public and increase that of Caribbeanjobs.com as the better online recruitment service provider,” the letter states.
Both Trinidadjob.com and HomesTT.com both claim to have “suffered harm” as a result of the actions by Caribbeanjobs.com, the letter states.
Trinidadjob.com is of the view that the actions of Caribbeanjobs.com “have and will continue to have the effect of diluting” its (Trinidadjob.com) brand “in the eyes of past, present and future customers”, the letter states.
Both Trinidadjob.com and HomesTT.com are “two separate legal entities in the eyes of the law.”
The actions of Caribbeanjobs.com “point to a clear violation of the general principles against dishonest practices contained in Section 4(1) of the Protection Against Unfair Competition Act (PAUCA) Chapter 82:36”, the pre-action protocol letter claims.
“To be more specific, your actions would be in violation of both Sections 6 and 7 of PAUCA as they are intended or would reasonably/likely have the effect of damaging the goodwill and reputation of Trinidadjob.com and was calculated to mislead the public into thinking that (Trinidadjob.com) contracted you to use the services of Caribbeanjobs.com,” the letter states.
Out-of-court settlement
According to the pre-action protocol letter, Trinidadjob.com and HomesTT.com have signalled their intention to settle the matter out of court.
They have offered two settlement packages to Caribbeanjobs.com.
Package one proposes that Caribbeanjobs.com place a “prominent apology and correction” on both its website and Facebook page for a minimum of one month “in order to abate the damage caused by the deceitful logo and damaging comments” and also pay $125,000 in damages and $14,500 in legal costs.
Package two proposes that $400,000 be paid to Trinidadjob.com and HomesTT.com in the absence of an apology and $14,500 be paid in legal costs.
On Monday Caribbeanjobs.com removed the advertisement from its website and Facebook page.
The company has until tomorrow to respond to the pre-action protocol letter.
MORE INFO
Contacted for comment on Friday, Stuart Shanahan, the managing director of Saongroup Caribbean (Trinidad) Ltd trading as Caribbeanjobs.com said he had not seen the pre-action protocol letter as yet.
