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HISTORIC APPEAL COURT JUDGEMENT

posted 13 Aug 2010, 09:47 by Gerry Kangalee   [ updated 13 Aug 2010, 09:51 ]
HISTORIC APPEAL COURT JUDGEMENT ON UNION SUCCESSORSHIP
 
The Court of Appeal of T&T in the matter of Civil Appeal no. 78 of 2009 delivered a judgement on 18th May 2010 that is sure to have tremendous repercussions for industrial relations as it applies to union successorship when companies change ownership.

The matter involves an appeal by Eastern Commercial Lands Limited against a ruling of the Industrial Court that it was the successor employer to Tru Valu and that under Section 48 of the Industrial Relations Act the company must recognise and treat with the Banking Insurance and General Workers’ Union (BIGWU), the recognised majority union for the workers of Tru Valu.

The Company’s ground of appeal was that the Industrial Court was in error when it ruled that the payment of severance benefits by Tru Valu to the affected workers did not prevent Eastern Commercial Lands Limited from becoming Tru Valu’s successor. The company had relied on Industrial Court judgement in Trade Dispute 20/1969 (Seamen and Waterfront Workers’ Trade union -v- Shipping Association of Trinidad).

The Court of Appeal not only supported the position of the Industrial Court, but established and/or clarified benchmark principles to be taken into consideration when determining successorship. To view judgement in full click here. To download judgement click here.
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