Khan: Industrial Court is not to terrorise employers, workers, or unions

THE PRESIDENT of the Industrial Court,  Addison Khan assured  employers yesterday that  the Court’s duty is not to terrorise them, nor workers and trade unions. “It is to resolve disputes between parties - justly and fairly, and in accordance with the requirements of the  Industrial Relations Act (IRA),” said  Khan.

He was addressing members of the Chamber of Industry and Commerce on the subject: “Understanding the procedures and the presentation of cases at the Industrial Court.” He told employers: “Industrial law is a specialised field and the preparation of cases requires a fair measure of skill. It requires dedication and practice.” Mr Khan made it clear that preparing a case for the Court starts long before a report of a dispute is made to the Minister. “It begins when an employer receives a complaint against a worker. “Thorough investigation of the complaint is required.   Written statements should be obtained from all potential witnesses. If disciplinary action is to be taken against a worker, then it is important that the worker be given full particulars of the allegations made against him or her, and most importantly, the worker should be given an opportunity to be heard in his defence, before the disciplinary action is effected,” explained  Khan. He said it was regrettable that even though the Court has been in existence since 1965, there are very few practitioners who are competent in presenting cases before it. “Many employers lose their cases because of the lack of preparation and/or improper presentation by their representatives,” observed  Khan.

He stressed that the Court could only act on evidence. “If the evidence is not properly presented, the Court can only make an assessment of a case on the basis of the evidence before it.” On the subject of adjournment of cases, Khan said employers should insist that their cases are heard when they are fixed for hearing.“Adjournments cost money.  This is particularly important in dismissal cases. “Some employers purposely delay, hoping for some miracle to occur, so that the case may be dropped. “But the longer the time a dismissal case takes to be heard, the more damages the employer will have to pay, if an order of reinstatement, or damages is made against him.”  He explained that one of the factors taken into account in assessing damages is length of time the worker has been away from work. Khan also stressed that those who appear before the Court, should be aware of the important judgment given over the years. “To overlook such such judgments is to deprive yourself of one of the most important tools of preparation,” he added. He also told the employers that ILO Conventions provide another useful source of guidance, and these can be obtained from the ILO website. Noting that there is no textbook dealing specifically with Trinidad and Tobago’s Labour Law, Mr Khan said: “This places an additional burden on the industrial relations practitioner.”