Industrial Court wants Tobago HQ for 60th anniversary

INDUSTRIAL Court president Heather Seale is optimistic funding will be found to create a permanent Tobago headquarters, as the court prepares to celebrate its 60th anniversary in March 2025. She was giving an address at a special sitting to mark the start of the 2024/2025 law term.

She said the court resumed sittings in Tobago this year, on April 3-7 at the Supreme Court, comprising four hearings and three conciliations, totalling seven matters. The hearings were chaired by judges Kathleen George-Marcelle and Seale, joined by judges Patrick Rabathaly and Bindimatie Mahabir to lead conciliation sessions.

"Altogether, the matters involved 32 workers, 29 of them in April and three in August." Of the seven matters, two were settled, two reserved for judgment, two sent to open court hearings and one remitted to the Recognition, Registration and Certification Board (RRCB).

"The three conciliations conducted in August, were successfully resolved as the parties consented to settle the disputes.

"You can well imagine the time and expense that those 32 workers were saved by not having to travel to Trinidad for their matters."

She thanked Chief Justice Ivor Archie for allowing the Industrial Court to access the Judiciary’s court facilities in Tobago, for open hearings and conciliations.
"We look forward to the day when we will have our own Industrial Court in Tobago and be able to sit, not only during the court vacation but all year round."

Seale also thanked the attorneys, trade union representatives and industrial relations consultants who sacrificed part of their Easter vacation, as did the judges.
"We commend also our members of staff who worked tirelessly, selflessly and efficiently to ensure the smooth-working of our Tobago sessions."
She thanked Tobago House of Assembly (THA) chief secretary Farley Augustine for meeting court officials and for his interest in establishing the Industrial Court in Tobago.

Seale related ongoing efforts to set up a Tobago industrial court.

"On October 9, 2015, the court executed a lease with the THA for 199 years for Sandy Hall. Since then, the building has been gutted but financial constraints have hampered the progress of the project."

Last July she led a team of officials from the court, Nipdec and the THA Division of Infrastructure to visit the proposed site.

"The purpose of the visit was to examine the existing condition of the gutted building and its layout with a view to making the necessary adjustments to the approved drawings submitted by Nipdec."

The court had previously re-examined the drawings and requested some adjustments.

"We are optimistic that as soon as the plans are received and with the necessary funding, the Industrial Court in Tobago – which we conceive as a court that can facilitate other similar courts, such as the Tax Appeal Board, the Equal Opportunity Tribunal and the Environmental Commission – will become a reality.

"We are optimistic, also, that in 2024/2025 for our 60th anniversary, the court will receive the financial support to complete the project and make it a reality. We are heartened by the commitment of the honourable Attorney General for his support in this venture."

Seale said the court's Trinidad headquarters needed improvements in infrastructure, to repair its elevators and acquire a new warehouse to store records.

She said the court had recorded 803 new cases and disposed of 779, a 97 per cent clearance rate. This compares to 804 cases recorded last year and 921 disposed of, a 114 per cent clearance rate.

Seale said the Industrial Relations Act's lack of a definition of the principles and practices of good industrial relations meant the court can take account of the dynamics of society and the changing landscape in the world of work.

"Some of the trends include flexible working arrangements including tele-working, hybrid work, Artificial Intelligence, (AI) zero hours contracts and unlimited vacation leave."

She urged all stakeholders to develop policies to govern the terms and conditions of employees in such areas.

Seale said teleworking and hybrid work may pose new challenges for occupational safety and health.

"For example, what is a workplace, who should equip and outfit the workspace, bear electricity and internet costs when an employee is employed at home?

"If a tele-worker is injured during the workday, but at home, would such an injury constitute a dereliction of the employer’s general duty to ensure, so far as is reasonably practicable, the safety, health and welfare of the employee at work?

"These and similar issues are already the subject of litigation in some jurisdictions and are likely to arise in Trinidad and Tobago also."