Keynote Address by
Her Honour Mrs. Heather Seale
President, Industrial Court of Trinidad and Tobago
“Navigating the Industrial Court: Key Considerations and Best Practices for Employers”
at the
Trinidad and Tobago Chamber of Industry and Commerce
Employee and Labour Relations Breakfast Meeting
UNDERSTANDING THE INDUSTRIAL COURT
FROM THE EMPLOYER’S PERSPECTIVE
It is my view, that the best approach for employers to take, in successfully steering their matters through the Industrial Court is to become well acquainted with the Court’s jurisdiction and its powers as set out primarily in the Industrial Relations Act, Chapter 88:01 (“the IRA/the Act”) and other relevant statutes. The Court’s jurisdiction and its powers have also been addressed over time in papers, articles and judgments of the Court, as well as of the Court of Appeal and the Privy Council.
Therefore, with this as my thesis and in keeping with my assignment this morning, I will approach the topic by referring briefly to the Court’s jurisdiction and powers as set out in the IRA; highlight certain comments on its jurisdiction and powers as found in judgments and papers which give insight into the application of those powers.
I will spend some time on the powers as set out in section 10 in particular, 10 (3) and the principles of good industrial relations practice. Underpinning those principles are natural justice and due process. Should time permit, I will devote some time to the disciplinary process and factors such as long service, unblemished records and the Court’s approach to discipline in those cases.