During the period 1960 to 1964, Trinidad and Tobago was plagued by a number of strikes by workers and lockouts by employers which affected the economy. As a matter of fact, the Hansard records show that during that period, there were 230 strikes involving 74,574 workers resulting in 803,899 man days lost.

In response to the growing unrest in the industrial relations climate, the Government introduced the Industrial Stabilisation Bill in the House of Representatives on March 18, 1965. The Bill was passed in Parliament on March 19, 1965 and was assented to by Governor General Sir Solomon Hochoy the next day. Thus on March 20, 1965, the Industrial Court of Trinidad and Tobago was established by Section 5(1) of the ISA and became the first Industrial Court in the English speaking Caribbean. The purpose of the Act as stated in its preamble was "to provide for the compulsory recognition by employers of trade unions and organisations representative of a majority or workers, for the establishment of an expeditious system for the settlement of trade disputes, for the regulation of prices of commodities, for the constitution of a court to regulate matters relating to the foregoing an incidental thereto."

When the Industrial Stabilisation Act (ISA) was proclaimed there was a dramatic change in the practice of labour relations and employment law in Trinidad and Tobago. The Act provided for compulsory arbitration among social partners and the vehicle for this arbitration was the Industrial Court.

At its inception in 1965, the complement of Judges was five (5) which consisted of the President who was the Honourable Mr. Justice Sir Isaac Hyatali, Dr. Zin A. Henry, Mr. Harold A. Hutson, Mr. Gregory C. Awang and Dr. James Lewis. In 1967, the ISA was amended to allow for the increase in the membership of Judges of the Court from five (5) to seven (7) and the amendment also enabled the Court to sit in more than one Division as long as the President or Vice President presided as the Chairman.

However, in the matter of Trinidad Bakeries Ltd. & National Union Foods, Hotels, Beverages and Allied Workers & The Attorney General on behalf of the People of Trinidad and Tobago, [Civil Appeal 53/1966 (TD 2 of 1966)], the Court of Appeal ruled that the “Industrial Court has no jurisdiction to make a non-consensual order or award for the reinstatement of dismissed workers and that, accordingly, it acted ultra vires in making such an order”. In short, the Industrial Court had no power to reinstate workers. As a result, there was a second amendment to the ISA (Act No. 11 of 1967) on June 14, 1967, which conferred powers to the Industrial Court to reinstate workers to the Industrial Court. This Amendment also made the Industrial Court a Superior Court of Record with all the powers inherent in such a court.

The constitutionality of the ISA was challenged in the famous case of Collymore v. Attorney-General 1967, [(1967) 12 WIR 5; (1969) 2 ALL ER 1207], and as a consequence of that challenge the Act was repealed and replaced by the Industrial Relations Act 23 of 1972 (IRA). This act made “better provision for the stabilisation, improvement and promotion of industrial relations”.

The new IRA facilitated the creation of the Office of Economic and Industrial Research the main purpose of which is to provide research to support the Industrial Court and the social partners of the industry.

The Registration, Recognition and Certification Board is also a creation of the IRA. Its main function is to peruse applications which are made by Trade Unions for bargaining status and to issue Certificates of Recognition where necessary.

The first amendment of the IRA was in 1978, (Act 44 of 1978), this amendment provided for two (2) Divisions of the Court, namely, General Services Division (GSD) and the Essential Services Division (ESD).

In 1979, the IRA was further amended (Act 2 of 1979) to provide for the President of the Republic of Trinidad and Tobago to indicate to which Division of the Court, Judges were appointed. The last amendment of the IRA was in 1987, (Act 3 of 1987). This amendment enabled the Minister of Labour to refer an unresolved dispute to the Industrial Court after a period of three months (3) or more of continuing industrial action.

Over the years, additional legislation was placed under the jurisdiction of the Industrial Court to strengthen the Court’s ability to adequately dispense social justice. These legislation include the Minimum Wages Act Chapter 88:04, the Retrenchment and Severance Benefit Act Chapter 88:13, the Maternity Protection Act Chapter 45:57 and the Occupational Safety and Health Act Chapter 88:08.

new home of industrial courtNot only did the legislation evolve, but the Court expanded its operations to improve access to justice. On April 29, 1965, the new Industrial Court held its first sitting at the Sixth Supreme Court, situated at the Red House – which also housed the Parliament for the Republic of Trinidad and Tobago - in Port of Spain, Trinidad. At that first sitting, judges convened to hear the trade dispute between the Federated Workers Trade Union and the University of the West Indies, St. Augustine & the Attorney General on behalf of the people of Trinidad and Tobago. By October, 1965, the Chronicle Building on St. Vincent Street, Port of Spain was renovated to house the Court.

In 1995, then Prime Minister, the Honourable Patrick Manning, turned the sod at the site for the new Industrial Court building and two years later on May 27, 1997, then Prime Minister the Honourable Basdeo Panday, handed over the building at its current location to then President of the Industrial Court, His Honour Mr. Leopold P.E. Ramchand.

On February 15, 2005, under the leadership of then President His Honour Mr. Addison M. Khan, the Court expanded its operations to southern Trinidad when it opened a Branch in San Fernando.  In 2015, under the leadership of the immediate past President, Her Honour Mrs. Deborah Thomas-Felix, the Court achieved another significant milestone when it acquired the Sandy Hall Building in Scarborough, Tobago which will be renovated to house the Tobago branch of the Industrial Court.

Since the establishment of the Industrial Court in 1965, seven (7) individuals have been bestowed the honour to serve as President of the Industrial Court of Trinidad and Tobago. They are the Honourable Mr. Justice Sir Isaac Hyatali (1965-1972), His Honour Mr. John A.M. Braithwaite (1972-1989), His Honour Mr. Leopold P.E. Ramchand (1989-1999), His Honour Mr. Addison Khan (1999-2005), His Honour Mr. Cecil O. Bernard (2005-2011), Her Honour Mrs. Deborah Thomas-Felix (2011-2023) and current President Her Honour Mrs. Heather Seale (2023 to present).


Video presentation on: The Industrial Court of Trinidad and Tobago: a historical perspective

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.

 

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.