Logo
Logo

Industrial Relations Advisory – At Will Contracts

Client Query: I understand that in the USA, an employee who is hired “at will” can be dismissed whenever the employer wishes to do so if the term “at will’ appears in the employment contract. Can the ‘at will’ concept apply in Trinidad & Tobago? Consultant’s Response: No. The situation with employment contracts in Trinidad […]

read more

Industrial Relations Advisory – Constructive Dismissal

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 […]

read more

I Like Goats

 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. […]

read more

Why Employers lose at the Industrial Court

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 […]

read more

Dismissal for Incompetence

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, […]

read more

Dismissal Fair or Unfair?

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 […]

read more