Judge throws out PSA's complaint

STAFF at the Port of Spain City Corporation crematorium and their representative union, the Public Services Association (PSA), have been advised to seek the court’s interpretation of whether their claim of entitlement to a heat allowance should be referred to the Minister of Finance or the Minister of Labour as a trade dispute.

This was the advice given by Justice Frank Seepersad in a judicial review claim filed by the PSA on behalf of the workers, who are challenging a decision by the Registrar of the Industrial Court to refer their dispute to a special tribunal of the court, and not its general services division.

The PSA claimed the workers are employees of the corporation and their terms and conditions are governed by the Statutory Authorities Act. They say their dispute was erroneously assigned to the special tribunal.

The 2012 action was adjudicated on by the special tribunal and eventually dismissed in 2017.

At those proceedings, the Chief Personnel Officer (CPO) argued that the matter was not properly before the tribunal, since the association had referred the dispute to the wrong minister.

The CPO contended that the issue should have been raised with the Finance Minister, since the workers were public servants, and issues of remuneration should go to that minister and not the Minister of Labour.

The tribunal agreed the matter should have been brought under the Civil Service Act and reported to the Finance Minister.

In dismissing the PSA’s application on the ground of delay, Seepersad told the union to bring an interpretation summons to clarify the issue of jurisdiction, before it sought to challenge the 24-year-old claim for a heat allowance.

The judge made no orders for costs. The PSA was represented by attorney Lloyd Elcock.