Question: What is the reasoning behind the “Last in first out” rule about retrenchment? Answer: It is a “rule of thumb” rather than a legal regulation, and is usually followed by the words: “all things being equal”. The most obvious reason is that companies owe a greater measure of loyalty to longer-serving employees that have […]
Query What does a doctor’s certificate entitle an employee to? Response A doctor’s certificate, by itself, entitles an employee to nothing at all. A doctor does not have the legal authority to decree that an employer grant paid absence to an employee. All a doctor can do is to recommend that an employer allow an […]
April 2017 The Industrial Court Awards in cases of Constructive Dismissal have been much in the news recently since one employee was awarded three million dollars in compensation for having been dismissed using flawed procedures. A judgment from the Industrial Court in Trade Dispute No. 221 of 2003, delivered on September 21, 2005 between SWWTU […]
I Like Goats I don’t know about you, but I am rather fond of goats. They are independent creatures, intelligent and make up their own minds about things. They can also be very productive. There is a goat farm in Tobago that produces the best goat cheese in the known universe…at least in my known universe. […]
Gregory Rousseau was a trade unionist of long standing before he was appointed to be a Judge of the Industrial Court. He worked for many years in that most difficult of areas, and was highly respected in his field. Recent press reports about his contribution to last week’s ECA seminar on Landmark Court Judgments shows […]
View PMSL’s General Manager Ms. Delia Joseph presentation conducted on March 15th 2017 at Maxine Attong and Associates Breakfast Seminar here: Presentation: Maximizing Human Capital in the New Economy
While the principle that an employer should not be forced to block the efficient management of business by being compelled to retain incompetent employees must be accepted, there should be verifiable evidence of the incompetence. Where the employee is a new recruit, this can be done during the probationary period. With employees of long standing, […]
Lack of Qualifications An employee can be fairly dismissed for lack of qualifications to do the job only if it was made clear in the employment contract or letter of employment what qualifications are required and the employee does not have them or was employed under the false impression that he/she did have them. This […]
IR Tip 2 Sept 201 6
View PMSL’s Diana Mahabir-Wyatt TED Talk here: https://lnkd.in/eG9eMTW
