[UPDATED] Estate police call for removal of special tribunal chairman

THE Joint Trade Union Movement (JTUM) and the Estate Police Association (EPA) are calling for the removal or resignation of the chairman of the Industrial Court's Special Tribunal Lawrence Achong so their case can be heard before the tribunal.

Speaking at a media conference at the Brian Lara Promenade on September 17, EPA president Deryck Richardson said the union was making the call based on a ruling by the Privy Council, which dismissed an appeal by the Special Tribunal in a dispute involving the EPA and its authority to represent 42 estate constables who were dismissed by the Royal Bank of Canada in 2014.

“The matter went to the Special Tribunal, who adjudicated that the association did not have any locus standi and the matter was stood down.

"We took the matter to the High Court, who agreed with the Special Tribunal. In 2019, we took it to the Appeal Court and they agreed with us. They shot down the judgments of the High Court and Special Tribunal and sent the case back to the tribunal for a hearing.

“In a shocking move, the tribunal took it to the Privy Council without RBC being involved in the matter.

"So now we had a situation where the court where we go for justice was appealing a judgment in which they had no interest.

"The law lords were dismissive of the case and made mention of the loss of principles of impartiality and neutrality which should govern a judicial body. If the highest court in the land questioning your conduct and saying you have lost the principles of impartiality, you have lost any authority to adjudicate anything.”

According to Richardson, the judgement said no one from the Special Tribunal who was associated with bringing the case before the Privy Council should sit on the tribunal when the case was being heard.

He said this was problematic, as Achong, as chairman of the tribunal, is mandated to sit on it, and cannot be replaced.

“How the law is constructed, if Achong is not present, quorum cannot be constituted. There’s a part of the law we’ve asked the AG to fix.

"Unlike the AG or the PM, when they’re out of the country, somebody acts for them, but in the law there is no provision for anyone to sit in for the chairman of the Special Tribunal. For the matter even to be heard cannot happen unless Achong steps down from his position or another chairman is appointed.

"We find that to be reprehensible.”

Richardson said there were only three means by which the case could be heard.

“The law has to be amended, Larry Achong could step down, or he could be removed so the officers could get some justice from since 2014 to even start to hear the matter.”

JTUM president Ancel Roget said the unions did not have a problem with the Industrial Court, but with Achong. He said in their opinion Achong had on several occasions shown bias toward employers and should be removed.

“You may recall for the 2015-2017 negotiations between the OWTU and the Trinidad and Tobago Electricity Commission (T&TEC), that matter went before Achong, and in that matter, he looked at the employer’s evidence and the OWTU evidence, and found it necessary for himself to go and look for his own evidence to support the claim of the employer, which at the end of the day had him ruling 0-0-0 for the T&TEC workers.

“In the minds of the T&TEC workers and the OWTU, extreme bias was shown against the workers without a fair judgment and without giving the unions a chance to reply.”

He said Achong had told all the unions and associations they must accept the government's four per cent wage-increase offer for six years, which the union continues to reject.

Roget said the unions had decided not to attend the opening of the Industrial Court on the morning of September 17.

“We believe that when, as a worker, you go before the court, win, lose or draw, you lose when your matter goes before that particular chairman. It can’t be that we take that position and go and sit in the court before that particular individual.

"This action should not be taken as an action against the court itself.”

Asked about the EPA's call, Achong, a former PNM MP, said, "No comment."

He said he would remain in his position as chairman of the tribunal.

This story has been adjusted to include additional details. See original post below.

THE Joint Trade Union Movement and the Estate Police Association (EPA) are calling for the removal or resignation of the chairman of the Industrial Court's Special Tribunal Lawrence Achong so their case can be heard before the tribunal.

Speaking at a media conference at the Brian Lara Promenade on September 17, EPA president Deryck Richardson said the union was making the call based on a ruling by the Privy Council, which dismissed an appeal by the Special Tribunal in a dispute involving the EPA and its authority to represent 42 estate constables who were dismissed by the Royal Bank of Canada in 2014.

According to Richardson, the judgement said no one from the Special Tribunal who was associated with bringing the case before the Privy Council should sit on the tribunal when the case was being heard. He said this was problematic, as Achong, as chairman of the tribunal, is mandated to sit on it, and cannot be replaced.

Richardson said there were only three means by which the case could be heard.

“The law has to be amended, Larry Achong could step down, or he could be removed so the officers could get some justice from since 2014 to even start to hear the matter.”

JTUM president Ancel Roget said the unions did not have a problem with the Industrial Court, but with Achong. He said in their opinion Achong had on several occasions shown bias toward employers and should be removed.

Asked about the EPA's call, Achong said, "No comment."

He said he would remain in his position as chairman of the tribunal.