LABOUR LAW (TRINIDAD AND Evans Thomas,

Conciliation & Labour

TOBAGO) – RULES & REGULATIONS Relations Officer I,
Ministry of Labour
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 BACKGROUND – LABOUR LAW IN TRINIDAD & TOBAGO
1) The voluntary system existed before the ISA, 1965.
a) Under the voluntary system, there was no restriction on industrial action.
b) While employers and trade unions voluntarily engaged in collective bargaining; the
industrial agreements agreed upon, if breach, was unenforceable in any court of law.
c) Trade Union were not recognized at common law and considered restraint of trade.

2) The new regime established by the Industrial Stabilization Act,

1965 (“the ISA”) introduced a compulsory systems of arbitration
via the Industrial Court of Trinidad and Tobago.
3) In Privy Council No. 26 of 1969, Collymore and another v AG (1969) two (2)
workers challenged the constitutionality of the ISA, on the ground
that it abridged their right to collective bargaining and to strike.
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 LABOUR LAW IN TRINIDAD AND TOBAGO
1) The Industrial Relations Act, Chapter 88:01 (“the IRA, 1972”) is the main
labour legislation.

2) The Industrial Court (“the IC”) was established by the ISA, 1965 and the
IRA, 1972 its predecessor, retained the Industrial Court (s. 4 of the IRA).

3) The IC has jurisdiction: determine unresolved disputes and other differences

which arise between trade unions and employers under the IRA; the
Retrenchment & Severance Benefit Act, 1985; the Maternity Protection Act,
1998, the Minimum Wages (Amendment) Act, 2000 and Occupational
Safety and Health Act, 2004 (i.e. those laws define the legal parameters
within which parties must operate). 3
 LABOUR LAW IN TRINIDAD AND TOBAGO
4) Section 2 (3) (7) of the IRA preserves the principle of freedom of
association and states that the legal framework established under the
IRA, is not to be construed as an abridgement or infringement on the
principle of freedom of association.

5) Further, section 71 of the IRA emphasises a Worker’s right to join (i.e. be

a member of) or not join (i.e. not be a member of) a trade union. A
Worker’s right to join a trade union of his/her choice is further protected
and emphasised under section 42 (2) of the IRA, which makes it unlawful
for an employer to hire a worker on the grounds that he/she “shall not
join a union or shall relinquish trade union membership.”
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LABOUR LAW IN TRINIDAD AND TOBAGO
6) Vacation leave is a contractual right. The two (2) week sick leave
entitlement, is an eligibility, to be utilized when a person is
(actually) sick.

7) Under section 77 of the IRA, 1972 is it a criminal offence for a

medical practitioner to issue a fraudulent medical certificate to
a Worker “for the purpose of enabling the worker by
deception to absent himself from his employment by means of
the certificate.”

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 LABOUR LAW IN TRINIDAD AND TOBAGO
8) The master and servant doctrine upon which the common law was based is
irrelevant/obsolete under the IRA and have been replaced by the concept
of a special relationship between employer and employee

9) A worker cannot contract out a right conferred upon him/her by

Parliament via agreement with an employer – null and void, and of
no effect (RSBD No. 4 of 1996, OWTU v Schlumberger Trinidad Inc. (1997).

10)The Industrial Court will not uphold or enforce “a termination clause

in a contract of employment which speaks of a termination for
breach of contract or misconduct without notice …” vide GSD-TD No. 264 of
2016, NWU v Children's Life Fund Authority, CPO and Ministry of Health.

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 LABOUR LAW IN TRINIDAD AND TOBAGO
11)On the subject-matter of paying a worker for his/her years
of service, a relevant factor to consider is that, employees
are seen as having equity in their employment that increases
with the length of satisfactory service i.e. unblemished
record (Cv.A. No. 82 of 2002, Caribbean Development Co. Ltd v NUGFW (2003), and affirmed in
Cv.A No. P213 of 2015, Carib Brewery Ltd v NUGFW (2020).

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LEGAL FRAMEWORK UNDER THE LABOUR LAW
INDUSTRAIL RELATIONS ACT
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 THE LEGAL FRAMEWORK COMPRISE
1) The labour laws that govern the workplace.
2) The law of contracts (AND the common law).
3) Collective Bargaining (i.e. outcome is Collective Agreement, which
governs the conduct and core rules of the workplace).
4) The business enterprise (i.e. informal understandings, employee
handbook and other informal instructions that originate in the
workplace.
5) Workplace custom and practice.
6) International Conventions (i.e. ILO Convention 158)
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 THE LEGAL FRAMEWORK, INSTITUTIONS AND THE RULE-
MAKING BODY IN INDUSTRIAL RELATIONS
Principles of Good Industrial
Relations practice
Industrial Court – rule-making
body

Rules and labour Law

Minister/Ministry of Labour

(a) Certify who the Recognized

Registration, Recognition &
Certification Board (“RRCB”)
Majority Union is for the
Company; and determine (b)
the worker and (c) the
membership issue
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Sir Isaac Hyatali, C.J. stated that:

“The Court’s authority to define and lay down the principles of good
industrial relations […] cannot be lightly challenged, interfered with
since it is a specialized Court consisting of members with
specialized knowledge and experience in industrial relations. As
such, the Court must necessarily be regarded as speaking with
overriding authority on such principles its definition thereof
treated with respect”

In Cv.A. No. 53 of 1976, Texaco Trinidad Inc. v Oilfield Workers Trade

Union (1981), Sir Isaac Hyatali C.J.
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THE LABOUR CODE AND STATUTORY LABOUR LAW
PROTECTION UNDER THE IRA, 1972
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 NO LABOUR CODE IN TRINIDAD AND TOBAGO
H.H. Mrs. Deborah Thomas-Felix (President) stated:

“It is noteworthy that [Trinidad and Tobago] does not have a labour
code to give detail guidance to employers, workers and trade
unions regarding the day to day conduct of their relationship.
Instead the legislature has provided overarching principles and …
position the Industrial Court as the guardian of the national
standards of what constitutes good industrial relations practice.”
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 ONLY REGISTERED COLLECTIVE AGREEMENTS OPERATE AS A
STATUTORY LABOUR CODE IN TRINIDAD AND TOBAGO
1) In Cv.A. No. 68 of 1970, Texaco Trinidad Inc. v OWTU, the CoA held
that the terms of a registered collective agreement were
intended to operate as a statutory code in relation to the
rights and obligation of the parties and accordingly, could
not be varied by the Court during its continuance.

2) The Conduct Regulations governing Regional Health

Authorities, which are ancillary or subsidiary legislations do
not operate as labour codes, only “provisions of a registered
collective agreement” vide Cv.A. P405 of 2019, NCRHA v NUGFW (2021)
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 THERE IS LABOUR CODE TO REGULATE LABOUR RELATIONS
3) It is only where there are no applicable provisions in a
registered collective agreement covering a particular subject
matter that, “past custom and practice” and/or “accepted
procedures followed in similar cases” are used or guide the IC.

4) If there is no collective agreement with any trade union in the

Company, with an established procedure to deal with matters
(or no recognized majority union); the Company “is free to
carry out its business as it sees fits, so long as it does not break
the law.” T.D. No. 1 of 1994, Thomas Peaks and Company Ltd v NUGFW (1994).
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 NO LABOUR CODE TO REGULATE LABOUR RELATIONS IN T&T
5) The Company’s Corporate Policy is the self-imposed standard
by which the reasonableness of the exercise of management
prerogative would be judged (TD No. 59 of 1995, ATTAS v Caroni (1975) Ltd (1997).

 The Court examines “the relevant provisions of the corporate policy in

terms of their acceptability as principles of good industrial relations
practice” which “guide the Court in the exercise of its powers” s. 10 (3) (b)

 “by implication, the corporate policy form(s) part of the contract of

employment of the worker, and whether the failure to observe it
constitute a breach of his contract” vide TD No. 59 of 1995, Caroni (1975) Ltd (1997).
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 NO LABOUR CODE TO REGULATE LABOUR RELATIONS IN T&T
6) The employment-at-will rule (where an employer can dismiss an
employee for a bad reason or no reason at all) is not applicable
in our jurisdiction. A dismissal must be for cause and due process
must be followed (TD No. 481 of 2014, BIGWU v BP T&T Ltd (2017), p. 6

7) Under the new legislative regime, by virtue of section 10 (4) of the IRA,
employers must ensure that workers are not dismissed in harsh and
oppressive circumstances or contrary to good industrial relation principles.
The test under the IRA is whether the dismissal was harsh and oppressive or
contrary to the principles of good industrial relations practice.
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 JURISDICTION OF THE COURT - THE INDUSTRIAL
COURT IS ESCHEWED FROM LEGAL TECHNICALITIES
“9. (1) In the hearing and determination of any matter before
it, the Court may act without regard to technicalities and
legal form and shall not be bound to follow the rules of
evidence stipulated in the Evidence Act, but the Court may
inform itself on any matter in such manner as it thinks just and
may take into account opinion evidence and such facts as it
considers relevant and material, but in any such case the
parties to the proceedings shall be given the opportunity, if
they so desire, of adducing evidence in regard thereto.”
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 In the exercise of its powers
under section 10 (3), the Industrial
SECTION 10 (3) - CORNERSTONE OF THE Court must take into account the
matters specifically identified under

INDUSTRIAL COURT’S JURISDICTION that provision, and can act

“notwithstanding anything in this
Act or rule of law to the contrary”

“(3) Notwithstanding anything in this Act or in any other rule of law to the
contrary, the Court in the exercise of its powers shall—

(a) make such order or award in relation to a dispute before it as

it considers fair and just, having regard to the interests of the
persons immediately concerned and the community as a whole;

(b) act in accordance with equity, good conscience and the

substantial merits of the case before it, having regard to
the principles and practices of good industrial relations.
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 SECTION 10 (3), STATUTORY PROTECTION UNDER THE IRA
1) While management prerogative and the worker’s contractual
rights are the starting point, the controlling consideration are the
standards stated in s. 10 (3) of IRA (Complaint No. GSD-IRO 31 of 2015, SWWTU v
ArcelorMittal Point Lisas Ltd(2016), p13.

2) Both employers and trade unions are to “observe and apply” the
principles in section 10 (3), and “be prepared to accept that any
position taken up by them in breach thereof may well be
condemned by the Court as unreasonable” (Cv.A. No. 53 of 1976, Texaco
Trinidad Inc v OWTU (1976)
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 SECTION 10 (3), STATUTORY PROTECTION UNDER THE IRA
3) The Industrial Court can dislodge or dismantle any
dismissal/disciplinary action of the employer under s. 10 (3) -
the statutory safeguard to prevent employers from treating
workers unfairly and without just cause.

4) All contracts of employment must be “read subject to the

requirements of the IRA”, which protects all workers
“regardless the duration of the contract” of employment (TD No.
140 of 1997, BIGWU v Home Mortgage Bank (1998)

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 GENERAL PRINCIPLES OF GOOD LABOUR LAW
INDUSTRIAL RELATIONS ESTABLISHED
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 GENERAL LEGAL PRINCIPLES ESTABLISHED AND APPLIED
1) A worker’s job is akin to property and cannot be dispensed
with except by due process (TD No. 62 of 2005, TIWU v Seereeram Bro Ltd)

2) It is unlawful for an employer to deprive a worker of his wages

and benefits which he has earned and to which he is entitled (TD
272 of 2002, MASATT v A J Nella’s & Sons Funeral Home Ltd (2004), p. 4).

3) It is contrary to law and the principles of good industrial

relation practice to unilaterally alter or vary the contract of
employment, unless there is “consensus ad idem” (TD No. 242 of 2004,
CWU v T&T Trans-cable Co. Ltd (2006), p.
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 GENERAL LEGAL PRINCIPLES ESTABLISHED AND APPLIED
4) Save in exceptional circumstances of dishonesty, violence and
gross negligence with a present danger to life and limb,
progressive discipline should be followed (TD No. 144 of 1996, OWTU v Phoenix Parks Gas
Processing Ltd (2000).

5) An employer has a legal duty to investigate a complaint

promptly and thoroughly to determine the extent possible what
happened, resolve the situation appropriately and bring any
illegal conduct to an end. (TD 88 of 2016, BIGWU v TMC Lease & Rental Ltd (2012).
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 GENERAL LEGAL PRINCIPLES ESTABLISHED AND APPLIED
6) In the absence of legislation, sexual harassment at the
workplace constitutes misconduct and employer have a duty
to protect worker from such sexually offence conduct by
providing a safe work environment for all (TD No. 17 of 1995, Bank
Employees Union v Republic Bank Limited (1996).

7) In the practice of good industrial relations the rule is to “obey

first, grieve later.” The employee has an implied obligation to
obey lawful and reasonable orders of the employer
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 GENERAL LEGAL PRINCIPLES ESTABLISHED AND APPLIED
8) The policy of the Industrial Court on trade disputes concerning
allegation of unjust treatment of workers bypassed for
promotion, is that the court will only interfere with the right of
management to select employees where the right has been
unfairly exercised (TD 52 of 1988, SWWTU v Port Authority (1991) by H.H. A. Khan.

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