Question: What is the position regarding retirement during a fixed-term contract? Answer: I am not sure that I understand what you mean by “retirement during a fixed-term contract”. If there is a fixed-term to an employment contract, there is no retirement other than the termination of the contract when it comes to an end. […]
Question: My company has just been through the Recognition process, and for the first time we are about to negotiate a collective agreement. The Union has sent us proposals. I’ve never done this before. What do I watch out for? Answer: To begin with, I strongly advise that you get an experienced professional to […]
An entrepreneur wrote in to ask about legal ways to deal with employee latecoming and absenteeism in order to suspend or dismiss. PMSL’s Response: To begin, we do not ever set out to suspend or dismiss employees guilty of either. What we advise is that you set out to change their behaviour first. And […]
Dear PMSL: When referring to the Principles of Natural Justice and the Principles of Good Industrial Relations, the term “reasonable” is often used. But no one defines it. What is “reasonableness”? PMSL’s Response: This seemingly vague concept has its origins in the English Legal System and is often explained by using the circular definition: “reasonableness is what is […]
Dear PMSL Employer’s question: We have an employee who has a bad attitude and always has an excuse as to why something assigned to him isn’t done, or why he is nowhere to be found when he is needed. This has been going on for the past 2 to 3 years and we are fed […]
Dear Consultant Since business has dropped over the last year, my organization has to change our hours of work and make some necessary shift changes – is there an accepted industry standard/ procedure and timeframe for notification of the workers? Response: Yes, there is. If you are in a unionized environment, notice for changes […]
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 […]
Dear PMSL Our firm used to do a lot of business for the government, but over the last ten months since Government Ministries’ budgets have been cut, we have lost many of our long-term contracts and some of our staff have literally nothing to do. We know we must adjust to the downturn in the […]
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 […]
