Answer: The Industrial Court has two locations: Corner Queen and St. Vincent Streets Port of Spain and #6 Irving Street, San Fernando
Q2. How can we contact the ICTT?
Answer: We can be contacted via the following: North (868) 623-1304-8 (868) 623-6179 South (868) 652-7321 (868) 653-5182 / 0652 (868) 657-0965
Q3. Where can I find information on Judges of the Court?
Answer: All the current and past Judges are listed on the website under the tab About us - Judges of the Court
Q4. What type of matters does the Industrial Court handle?
Answer: Matters relating, but not limited to the following: Trade disputes dealing with dismissal of workers, suspension of employment, disputes connected with terms and conditions of employment Redundancy, Severance and Retrenchment Disputes Industrial Relations offences – e.g. failure to meet, and enter into negotiations for the purpose of collective bargaining Interpretation of Orders and Collective Agreements Minimum Wage Disputes Maternity Protection Disputes Special Tribunal matters Essential Services Division matters Occupational Safety and Health Matters
Q5. Can any individual pursue a matter to the Industrial Court?
Answer: A worker must bring a matter to the Court through his/her Union except if it’s an Occupational Safety and Health matter, where the individual can bring such a matter in his/her personal capacity. An employer can also refer a matter to the Court. The Minister of Labour and Small Enterprise Development can also refer the matter to the Court.
Q6. How is a matter initiated in the Court?
Answer: A certificate of unresolved dispute must be sent by the Ministry of Labour and Small Enterprise Development to the Court as well as a letter of referral from the Union, Employer or Ministry of Labour and Small Enterprise Development. For an Occupational Safety and Health matter: a letter from the aggrieved worker or from the Authority or Agency under the Occupational Safety and Health Act (OSHA) is sufficient. For an Industrial Relations Offence (IRO) matter: a letter from the aggrieved party outlining the alleged industrial relations offence must be sent and filed in Court in order to initiate a matter.
Q7. How long do matters take in the Court?
Answer: Matters are generally disposed of between 6 months to 2 (two) years.
Q8. Which party tends to be generally successful – Workers or Employers?
Answer: Each case must be judged on its own merits.
Q9. If a party does not comply with an order, what redress does the other party have?
Answer: If it is a quantifiable amount of damages, compensation or fine to be paid to the aggrieved, the party may seek redress by filing with the High Court a certificate issued by the Registrar of the Industrial Court. The certificate, once filed, allows the successful party to enforce the judgment on the other party. If the referring party fails to comply with an order of the Court in respect of the filing of Evidence and Arguments, the matter could be dismissed for want of prosecution or the hearing proceeds in the absence of a non-referring party summoned and judgment maybe given exparte. The Court could find a party in contempt of Court for non-compliance or non-observance of an order or award.
Q10. At what stage should the Employer raise the question of whether the person is a ‘worker’ within the meaning of the Industrial Relations Act and whether the worker is a member in good standing?
Answer: This issue should be raised at the Ministry of Labour and Small Enterprise Development before it is referred to the Industrial Court and should be sent to the Registration, Recognition and Certification Board by the Ministry for determination prior to the hearing of the matter at the Industrial Court.
Q11. Why are Collective Agreements sent to the Court after the relevant period and are they binding?
Answer: A collective agreement is only binding if registered at the Court. Negotiations between parties are often concluded after the relevant period being negotiated. If, however, there is any question or difference in the interpretation of the agreement, once it is registered, the Court can decide on the matter.
Q12. What is the process to register a Collective Agreement?
Answer: The agreement must be signed by both parties The parties, or any of them, must submit the agreement to the Minister of Labour and Small Enterprise Development together with a request for the registration of the agreement by the Industrial Court. The Ministry of Labour and Small Enterprise Development will review and submit the agreement to the Industrial Court. The Industrial Court will examine the agreement. If the Court deems that the agreement is in compliance with the relevant legislation, a Certificate of Registration will be issued.
Q13. Does the Court have statistics in relation to the various matters filed at the Court?
Answer: Yes. These statistics can be accessed from: The Library 2nd Floor, Industrial Court Building Cor. Queen and St. Vincent Streets, Port of Spain