Industrial Court head: Don't use covid19 to flout labour laws

INDUSTRIAL COURT president Deborah Thomas-Felix has warned that the covid19 pandemic should not be used an excuse to flout labour laws.

She gave the warning in her opening address for the 2020/2021 law term of the court on Thursday.

The court’s opening was virtual and the president’s address was streamed live on the Industrial Court’s Facebook page. Only a small number of guests were allowed in the court at St Vincent Street, Port of Spain.

As she dealt specifically with the effects of the coronavirus pandemic on the labour market, and the restrictions implemented to curb its spread, she advised that it was settled law that it was unlawful for an employer to unilaterally alter existing terms and conditions of employment of workers.

“Employers are reminded that they must respect and adhere to the rule of law when making these tough decisions which affect the livelihood of workers and the survival of their businesses.

“In times like this, employers should not consider a unilateral approach to the resolution of issues in the workplace; this is the time to have discussions, and to get buy-in from everyone, especially the workers, and to encourage peaceful resolutions to these unexpected problems which have arisen as a result of the pandemic,” she said.

To employers whose operations took a hit because of covid19 restrictions, the court’s president suggested dialogue with workers so they get a true picture of the impact the pandemic had on business.

“Globally, there is what can only be described as chaos, in the world of work - a number of people have been losing their jobs, some job functions have been suspended, some people have reduced work weeks, some people’s jobs have been retrenched, some jobs have become redundant and some workers have been terminated.

“Generally speaking, workers whose employment is terminated due to the economic impact of covid19 or for health and safety reasons, should be entitled, if they qualify, to severance benefit or some type of separation benefit,” Thomas-Felix said.

She said “as a basic principle,” the employment of a worker should not be terminated, in the absence of a valid reason.

“Temporary absence from work due to illness, such as covid19, or family responsibility during the pandemic does not constitute a valid reason for termination.

“It is important for employers to understand that termination is different to retrenchment: the latter occurs mainly due to economic reasons and the law provides a structure and a process when it is contemplated.”

While admitting that some small businesses may not have the resources to provide severance packages, Thomas-Felix said one of the solutions to the crisis was open discussions and dialogue between employers and workers.

“These are issues which require discussions so that the workers can get an understanding of the true picture of what is happening in the business. This is why social dialogue is so important,” she added.

Thomas-Felix urged employers in all sectors to “appreciate the need for workers to be kept informed, consulted and to be made aware beforehand of decisions to introduce new policies and changes to the workers terms and conditions of employment.

“Additionally, workers should be informed what on steps they can take for their own protection, the protection of their colleagues and at the same time contribute to the containment of this pandemic,” she said.

“The pandemic ought not to be used as an excuse to flout the principles and practices of good industrial relations, to flout labour standards and to flout the laws of this country,” she warned.

Admitting that there was no social protection or benefits for workers who were victims of covid19, or any crisis, in TT, she said the effects of the pandemic, of layoffs, retrenchment and reduction of work hours, had widened the economic inequality gap.

Thomas-Felix also addressed bureaucracy in the payment of severance benefits within the stipulated statutory period.

“This is so, not because the employers have not processed and computed the severance payment, but due to the fact that the documents have not been processed speedily at the Board of Inland Revenue; workers cannot receive their benefits until that process is completed.

“Some employers have expressed grave concerns about the legal obligation to make severance payments within the statutory period and at the slow pace of processing these applications by the Board of Inland Revenue.”

While not defending the BIR, Thomas-Felix reminded, “These are not normal times,” as she pointed to the ongoing rotation of public servants, under public health regulations, and the increased volume of severance applications which could have led to the delay in processing at the BIR.

Earlier, Thomas-Felix said it should be remembered that there will be life after covid19 and it was important for employers and trade unions to commit to adjusting to new and necessary workplace policy changes, “and to do so in a spirit of respect and compromise is important for the survival of businesses, the saving of lives and the saving of jobs.

“There might also be a need to re-examine and re-think some of the workplace arrangements, such as leave entitlement, health and safety rules and regulations, retrenchment, layoffs (if provided for in collective agreements), and other terms and conditions of employment,” she said.

She also called on unions to create new ways for their voices to be heard and to voice their protests in collective bargaining or a breakdown of negotiations because of public health restrictions and lockdown measures.