Judges of Industrial Court need security of tenure

PRESIDENT of the Industrial Court Addison Khan has identified two defects in the present system for the resolution of trade disputes in Trinidad and Tobago.

The first concerns the failure to grant security of tenure for judges of the Industrial Court and the other relates to freedom of access to the court. “The time has come when individuals should be granted free access to the court, instead of having to gain access through a trade union,” said Khan. He made his observations at a recent International Labour Organisation seminar in Barbados.

Theme of the seminar was “The Beneficial Effects of the Present System for the Resolution of Trade Disputes in Trinidad and Tobago.” Tracing the birth of legislation to handle industrial relations in Trinidad and Tobago, Khan noted: “The record of industrial relations in Trinidad and Tobago is replete with numerous instances of absolute refusal by employers to accord formal recognition to trade unions representing workers.” He said recognition was granted only as a last resort and that even after recognition was granted, employers continued to regard the trade union with suspicion.

Khan said the new system has brought a substantial measure of stability to industrial relations in Trinidad and Tobago. “Both trade unions and employers prefer to utilise the procedures in the Industrial Relations Act for settlement of their disputes with employers in place, instead of the unsatisfactory and primitive method of industrial action,” said Khan. He noted too that the judgments of the Industrial Court were well respected and constitute a body of principles that are used by employers, trade unions and workers for guidance in their daily relations.

According to Khan, the system has produced a new breed of lawyers and industrial relations consultants who specialise in industrial relations law. He also pointed out that the system for the resolution of trade disputes concerning the dismissals of workers was in full accord with the Convention and Recommendations of the ILO. “The unfortunate experiences of the abuse of the strike weapon by trade unions in the early 1960s should serve as a constant reminder that the Industrial Court plays an essential and pivotal role in safeguarding the economy of the country as a whole,” Khan said.