Mission

We are an effective Court upholding the principles and practices of good industrial relations as pillars of industrial peace, economic and social development.

Vision

To be an industrial relations Court established under the constitution which is fair, equitable and expeditious in dispensing social justice.

 

Core Values

  • Integrity
  • Justice
  • Honesty
  • Equity
  • Respect
  • Accountability
  • Teamwork
  • Discipline
  • Loyalty

 

Establishment of the Court

The Industrial Court was established on March 20, 1965 by section 5(1) of the Industrial Stabilisation Act. This act was repealed and replaced by the Industrial Relations Act, Chapter 88:01 on July 31, 1972.

The Industrial Court is a superior Court of record, and thus, it has a status that is equivalent to that of the High Court of Justice. Additionally, it is a specialised court with its own peculiar jurisdiction and it is responsible for dispensing social justice.

 

Jurisdiction of the Court

In addition to its inherent powers as a superior Court of record, the Court has jurisdiction -

  • To hear and determine trade disputes;
  • To register collective agreement and to hear and determine matters relating to the registration of such agreements;
  • To enjoin a trade union or other organization or workers or other persons or employer from taking or continuing industrial action;
  • To hear and determine proceedings for industrial relations offences under the IRA; and
  • To hear and determine any other matter brought before it, pursuant to the provisions of the IRA.

 

Role and Function

The principal role of the Court is to settle unresolved disputes and other matters which arise between employers and trade unions representing the workers employed by the employers under:

  • The Industrial Relations Act, Chapter 88:01
  • The Retrenchment and Severance Benefits Act, Chapter 88:13
  • The Maternity Protection Act, Chapter 45:57
  • The Minimum Wages (Amendment) Act, Chapter 88:04
  • The Occupational Safety and Health (Amendment) Act, Chapter 88:08

 

Divisions of the Court

The Court sits in two Divisions. They are as follows:

  1. The General Services Division which exercises the jurisdiction of the Court as set out in section 7 of the Industrial Relations Act, Chapter 88:01 with respect to services other than essential services ; and
  2. The Essential Services Division which exercises the jurisdiction of the Court as set out in section 7 of the Industrial Relations Act, Chapter 88:01 with respect to essential services.

Under the Essential Services Division is the Special Tribunal established by the Civil Service Act, Chapter 23:01 which hears and determines disputes in the Civil Service, the Police Service, the Fire Service, the Prison Service, the Teaching Service, the Supplemental Police and Central Bank. The Special Tribunal consists of the Chairman of the Essential Services Division of the Industrial Court and two other members of that Division selected by the Chairman.

 

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STEP 1: A matter is referred to the Industrial Court by:

  • the Union;
  • the Employer;
  • the Minister responsible for Labour;
  • the Worker in the case of the Minimum Wages Act, Maternity Protection Act and the Occupational Safety and Health Act (if there is no recognized Trade Union); and
  • the Occupational Safety and Health Authority in the case of the Occupational Safety and Health Act

 

STEP 2: Matters are assigned to either the General Services Division (GSD) or the Essential Services Division (ESD) and are categorized by the Court as follows –

  • (GSD or ESD)      TD    -    Trade Dispute
  • (GSD or ESD)      IRO   -    Industrial Relations Offence
  • (GSD or ESD)      ICA    -   Interpretation of a Collective Agreement
  • (GSD or ESD)      A       -    Application
  • (GSD or ESD)      O      -    Opinion

 

STEP 3: All disputes such as Trade Disputes, Retrenchment and Severance Benefits Disputes, Minimum Wages Disputes and Maternity Protection Disputes must follow the dispute procedure as defined by the Industrial Relations Act, Chap. 88:01 before the dispute is referred to the Industrial Court. The procedure includes the following –

  • The dispute must be reported to the Minister only by the employer, the recognized majority union or where there is no recognized majority union, any trade union of which the worker or workers who are parties to the dispute are members in good standing;
  • The dispute may not be reported to the Minister if more than six months have elapsed since the issue giving rise to the dispute first arose, save that the Minister may, in any case where he/she considers it just, extend the time during which a dispute may be so reported to him;
  • The Minister shall as soon as possible after a trade dispute has been reported or deemed to have been reported to him/her take steps as he/she may consider advisable, to secure a settlement of the dispute by means of conciliation within fourteen days after the date of the report;
  • If a dispute is not settled, the Ministry will issue an unresolved certificate under section 59 (1) to the parties to the dispute and may state any reasons which in his/her opinion have prevented a settlement.
  • To initiate proceedings in the Court, parties must submit a letter of referral. However, disputes concerning a breakdown in negotiations or under the Essential Services Division must be initiated by the Minister.

All other matters such as Industrial Relations Offences, Interpretation of a Collective Agreement, Application, Rescission of Contract or Recognition can be initiated by either parties to the dispute by submitting a letter of referral to the Court.

 

STEP 4: At the Industrial Court, the first stage is issuing of Notices to the parties of the dates for filing and exchanging the Evidence and Arguments as well as a date for the Case Management Conference. A Case Management Form is also attached asking the parties for information including whether or not they would like a date for conciliation before a Member of the Court.

If the response of both parties is positive, then a Notice will be sent indicating the date of the conciliation. If the parties do not indicate an interest in conciliation, the Notice provides the date of the Case Management Conference for parties to appear in Court for the purpose of expressing their views as to the periods which are reasonably necessary for the fair and adequate presentation of their case and for the parties to receive such directions as the Court might give for the hearing and determination of the matter.

 

STEP 5: At the Case Management Conference the dispute could still be referred for Conciliation before a Member of the Court or the parties can be given specific dates for –

  • an extension of time to file Evidence and Arguments (if not filed previously);
  • the Exchange of Evidence and Arguments
  • the replies (if necessary)
  • the filing of Witness Statements
  • the Exchange of Witness Statements
  • a date for Mention and Report (if necessary); and
  • a date for the Hearing of the dispute.

If a dispute is referred to a Member of the Court for conciliation, the parties are notified of the date fixed for conciliation.

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Industrial Court Building, Cor. Queen and St. Vincent Streets, Port of Spain, Trinidad and Tobago, W.I.
(868) 225-4288 | Fax: 623-6179

6 Irving Street (North), San Fernando, Trinidad and Tobago, W.I.
(868) 652-8910 / 653-5182 / 225-4288 | Fax: 657-0965

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