Moving on from the Ministry of Labour
Once there is a breakdown in conciliation at the Ministry of Labour, the Ministry will issue what is called a Certificate of Unresolved Dispute. Once the Union has this, it can report the breakdown to the Industrial Court.
Pre-trial hearing
The first hearing in Court is what is called a Pre-trial Hearing. This deals with the administration of the case and will set the timetable for the matter to be processed and specific dates will be given for:
- the filing of Evidence and Arguments (frequently with Witness Statements)
- the Exchange of Evidence and Arguments
- the replies (if necessary)
- the Hearing of the matter.
Conciliation
With the agreement of both parties, the Court can undertake further attempts at conciliation.
Good industrial relations practice
In coming to a determination of a case, the Industrial Court is required to:
- 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;
- 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.
Court List
The Court List is posted up on-line by the Industrial Court and can be found here.
Industrial Court
For more information on the Industrial Court, visit their web site. All hearings in the Industrial Court are open to the public. You can check the status of National Workers Union cases by looking at our Diary of Events.
Appeals
Although either party to a dispute may take an appeal to the Court of Appeal (and subsequently to the Privy Council) essentially this has to be done on a point of law. The full detail of the grounds are set out in Section 18 of the Industrial Relations Act. A list of those matters involving at the Court the involving the National Workers Union can be found here.
This is a list of matters that the National Workers Union currently has at the Industrial Court. Confused about the case referencing? You can find an explanation here.
A
ASIS Construction Company (RSBD 002/2010) - (5 workers - dismissal/redundancy)
B
Better Deal Supermarket (GSD-TD 287/2010) - (NS - dismissal)
B. H. Rose (GSD-TD 383/2009) - (HA - dismissal)
Blue Waters Products Limited (GSD-TD 329/2011) - (LM - dismissal)
Blue Waters Products Limited (GSD-TD 328/2011) - (LM - termination of contract)
C
Capital Plaza Limited (VJ - dismissal)
Capital Signal Co. Ltd (CM - constructive dismissal)
Caribbean Airlines Limited (ESD-TD 034/2008) - (CZ - dismissal)
Carillion (Caribbean) Limited (JC - summary dismissal)
CLICO Investment Bank (GSD-TD 206/2009) - (MG - dismissal)
D
E
E. Pihl & Son A/S (BD - dismissal)
E. Pihl & Son A/S (RJ - dismissal)
F
51 Limited (EG - dismissal)
G
H
I
Infotech Caribbean (GSD-TD 245/2010) - (TF - dismissal)
J
Jovian Limited (trading as Woodford Cafe) (GSD-TD 028/2009) - (BC - dismissal)
Juliet Antoine-Roberts (Attorney-at-Law) (GSD-TD 048/2010) (IE - dismissal)
Junior Sammy Contractors Ltd (GSD-TD 161/2008) - (SB - dismissal)
K
Kam Wah Restaurant Limited (Waiting for pre-trial hearing) - (MJ - dismissal)
Kreekon Contracting Company (GSD-TD 177/2009) - (YR - dismissal)
L
Langston Roach Industries (GSD-TD 277/2008) - (KS - dismissal)
M
Maersk Trinidad Limited (GSD-TD 362/2009) (KM - dismissal)
Medullan Trinidad Limited - (GSD-TD 289/2010) - (BHG - dismissal)
Ministry of Health (GSD-TD 2185/2010) (AM - dismissal)
Misty Ridge Farms (GSD-TD 024/2009) - (PD - dismissal)
Misty Ridge Farms (GSD-TD 285/2010) - (HMD - dismissal)
N
National Union of Government and Federated Workers (GSD-TD 104/2011) - (AA - unilateral change to contract of employment - reduction of cell phone allowance)
National Union of Government and Federated Workers (GSD-TD 105/2011) - (RH - unilateral change to contract of employment - reduction of cell phone allowance)
National Union of Government and Federated Workers (GDS-TD 251/2009) - (TW - dismissal)
National Union of Government and Federated Workers (GSD-TD 368/2009)
- (DD - demotion)
National Union of Government and Federated Workers (GSD-TD 359/2009) (DD - dismissal)
National Union of Government and Federated Workers (GSD-TD 321/2011) - (RH - overlooking - case 1)
National Union of Government and Federated Workers (GSD-TD 322/2011) (RH - overlooking - case 2)
Nigel Chinapoo (GSD-TD 244/2010) - (YH - employment issues regarding a domestic worker)
O
Optimum Business Products and Services Limited (GSD-TD 361/2009) (DL - unilateral alteration to contract resulting in dismissal)
P
Piarco International Hotel (GSD-TD 117/2011) - (GC - dismissal)
Petroleum Company of Trinidad and Tobago (GSD-TD 370/2010) - (JG - dismissal)
Point Lisas Construction Company (GSD-TD 205/2009) - (LR - dismissal)
Premium Products Limited (GSD-TD 259/2001) - (AK - dismissal)
Public Service Transport Corporation (GSD-TD 118/2011) - (TB - dismissal)
Q
R
Republic Bank Limited (GSD-TD 239/2011) - (CC - non-employment)
S
SCI-EMS Ambulance (GSD-TD 198/2010) - (DS - dismissal)
SCI-EMS Ambulance (GSD-TD 199/2010) - (DS - suspension)
T
Top Decor Limited (GSD-TD 327/2011) - (NG - Suspension)
Top Decor Limited (GSD-TD 323/2011) - (NG - Dismissal)
Total Safety Management (GSD TD 134/2008) - (NR - dismissal)
Total Safety Management (GSD-TD 272/2010) - (NR - failure to honour terms of contract)
Trent Restaurants Limited (better known as Trotters) (KP - dismissal)