If a matter cannot be settled directly with an employer it can be reported under Section 51 of the Industrial Relations Act to the Minister of Labour by:
- the employer;
- the recognised majority union;
- where there is no recognised majority union, any trade union, of which the worker or workers who are parties to the dispute are members in good standing,
A trade dispute, therefore, is between the Union (not the worker) and the employer.
In addition, a trade dispute must
- be reported to the Minister of Labour within six months of when the trade dispute started or took place
It is possible to ask for an extension of time if the six months have passed and this is done under Section 51(3).
Another important distinction that needs to be made is between what are called "rights" issues and "interest" issues. These are described in the Act in Section 51(5).
Any union can take up what are called "rights" issues. Only an Recognised Majority Union can take up "interest" issues.
- A "rights" issue is one concerning the existing rights a worker has and these would normally be found in the contract of employment, a collective agreement (if there is one) or the law.
- An "interest" dispute" one concerning collective bargaining issues (such as a breakdown in negotiations) which is something that only a Recognised Majority Union can take up
In dispute
This is a list of employers that we currently have disputes with and which have been reported to the Minister of Labour.
A
B
Barana Seafood Processors Limited (AJ - Second warning)
Barana Seafood Processors Limited (AJ - Third warning)
Barana Seafood Processors Limited (AJ - Final warning)
Barana Seafood Processors Limited (AJ - Dismissal)
Better Deal Supermarket (dismissal)
Bhagans Drug Store (NM - dismissal)
C
Capital Plaza Limited (VJ - dismissal)
Capital Signal Co. Ltd (CM - constructive dismissal)
Cell Wave (dismissal)
Chan Ramlal Ltd (EM - 35 day suspension)
Chee Mooke Bakeries (CD - dismissal)
Child Welfare League of Trinidad & Tobago Inc. (JdB - Dismissal)
Crystal Industries Limited (5 workers - dismissal)